National Security Law Today

(Part 2 of 2) – In honor of Law Day on May 1st, we bring you special opening remarks from ABA President, Reginald Turner, along with the second half of our interview with Russia-Eurasia expert, Professor Angela Stent. Together with Elisa, Professor Stent continues to unpack the tangled history between Russia and Ukraine, and the resulting conflict that has dominated the world stage. What role does corruption play in the Russian military? And what are the scenarios in which this conflict may end?

Professor Angela Stent is Director of the Center for Eurasian, Russian & East European Studies at Georgetown University, and Senior Fellow at the Brookings Institution:

https://gufaculty360.georgetown.edu/s/contact/00336000014RWsfAAG/angela-stent

Reginald Turner is President of the American Bar Association:

https://www.americanbar.org/groups/leadership/aba_officers/turner-reginald/

References:

Angela Stent, “Putin’s World: Russia Against the West and with the Rest” Twelve, 2019:

https://www.twelvebooks.com/titles/angela-stent/putins-world/9781455533015/

Angela Stent, “The Limits of Partnership: U.S.-Russian Relations in the Twenty-First Century” Princeton University Press, 2015:

https://press.princeton.edu/books/paperback/9780691165868/the-limits-of-partnership

The 1994 Budapest Memorandum on Security Assurances:

https://treaties.un.org/doc/Publication/UNTS/Volume%203007/Part/volume-3007-I-52241.pdf

Law Day 2022 Resources:

https://www.americanbar.org/groups/public_education/law-day/

In order to understand today’s tensions between Russia and Ukraine, we have to start at the beginning. This week, host Elisa is joined by Russia-Eurasia expert, Professor Angela Stent, to unpack the tangled history between these two nations, and the resulting conflict that has dominated the world stage. How have the last two decades, and the rise of Vladimir Putin, altered the Russian-Ukrainian relationship? What is Ukraine's history with international partnerships and treaties? And why are Crimea and other assets along the Black Sea of such interest to Putin right now?

Professor Angela Stent is Director of the Center for Eurasian, Russian & East European Studies at Georgetown University, and Senior Fellow at the Brookings Institution:

https://gufaculty360.georgetown.edu/s/contact/00336000014RWsfAAG/angela-stent

References:

Angela Stent, “Putin’s World: Russia Against the West and with the Rest” Twelve, 2019:

https://www.twelvebooks.com/titles/angela-stent/putins-world/9781455533015/

Angela Stent, “The Limits of Partnership: U.S.-Russian Relations in the Twenty-First Century” Princeton University Press, 2015:

https://press.princeton.edu/books/paperback/9780691165868/the-limits-of-partnership

The 1994 Budapest Memorandum on Security Assurances:

https://treaties.un.org/doc/Publication/UNTS/Volume%203007/Part/volume-3007-I-52241.pdf

Happy Supply Chain Awareness Month! Since February of last year, the Biden Administration has spotlighted an urgent need to strengthen, secure and diversify our supply chains, both as a matter of economic prosperity and national security. While these concerns are not new, recent world events have exacerbated supply chain disruptions, exposing a range of vulnerabilities across sectors. This week, host Elisa is joined by Jeanette McMillian, to debrief six recent supply chain reports issued in response to E.O. 14017. What do these reports reveal about the fragility of our supply chains? Which sectors are most at risk? And what can we do to better protect our existing supply networks?

Jeanette McMillian is the Assistant Director of Supply Chain and Cyber, National Counterintelligence and Security Center, ODNI:

https://drive.google.com/file/d/1yWM6LO0LXeGIUMiL9NcIFFFRBEGQMS7o/view?usp=sharing

References:

E.O. 14017, America’s Supply Chains. Feb. 24, 2021:

https://www.whitehouse.gov/briefing-room/presidential-actions/2021/02/24/executive-order-on-americas-supply-chains/

H.R. 7178, CHIPS for America Act:

https://www.congress.gov/bill/116th-congress/house-bill/7178/text

H.R. 4521, America COMPETES Act of 2022:

https://www.congress.gov/bill/117th-congress/house-bill/4521

S. 1260, United States Innovation and Competition Act of 2021:

https://www.congress.gov/bill/117th-congress/senate-bill/1260

H.R. 3684, Infrastructure Investment and Jobs Act:

https://www.congress.gov/117/bills/hr3684/BILLS-117hr3684enr.pdf

The Build Back Better Framework:

https://www.whitehouse.gov/build-back-better/

2022 Supply Chain Reports by Agency:

Department of Defense:

https://media.defense.gov/2022/Feb/24/2002944158/-1/-1/1/DOD-EO-14017-REPORT-SECURING-DEFENSE-CRITICAL-SUPPLY-CHAINS.PDF

Department of Commerce & Homeland Security (ICT Report):

https://www.dhs.gov/sites/default/files/2022-02/ICT%20Supply%20Chain%20Report_2.pdf

Department of Energy:

https://www.energy.gov/policy/securing-americas-clean-energy-supply-chain

Department of Agriculture:

https://www.ams.usda.gov/sites/default/files/media/USDAAgriFoodSupplyChainReport.pdf

Department of Transportation:

https://www.transportation.gov/supplychains/EO14017/fullreport

Department of Health and Human Services:

https://aspr.hhs.gov/MCM/IBx/2022Report/Pages/default.aspx

How would you spend 4 minutes in suborbital space? This week, we welcome Audrey Powers of Blue Origin, who as of October 2021 became this first attorney-turned-astronaut aboard Blue Origin’s own New Shepard rocket. Her story is an inspiration for many, as she discusses her experience aboard the New Shepard, the career paths that lead her there, as well as the advantages and risks to the lawlessness of space.

Audrey Powers is the Vice President of Flight Operations at Blue Origin:

https://drive.google.com/file/d/1IxpPI9U539wI633oQtR0hDABGhywTSNN/view?usp=sharing

This episode was co-hosted by Cindy Ryan, former General Counsel of the National Geospatial Intelligence Agency:

https://www.americanbar.org/content/dam/aba/administrative/law_national_security/crryan-bio-20.pdf

References:

FAA Evaluation of the Commercial Human Space Flight Safety Frameworks and Key Industry Indicators:

https://www.faa.gov/sites/faa.gov/files/2021-11/CSLCA_Sec111_Report_to_Congress.pdf

The Outer Space Treaty:

https://www.unoosa.org/oosa/en/ourwork/spacelaw/treaties/outerspacetreaty.html

The Missile Technology Control Regime:

https://mtcr.info

Behind Putin’s power is a steady flow of illegal funds. Since Russia’s invasion of Ukraine, the US and Europe have slapped numerous sanctions on Russian banks, officials, businesses, oligarchs and their families in an effort to flatten the Kremlin’s illicit financial flows. This week, host Elisa welcomes back Brian Egan of Skadden to discuss these crackdown efforts. How do kleptocrats acquire and hide their assets? And have these economic sanctions done enough to handicap Putin's war?

Brian Egan is partner at Skadden:

https://www.skadden.com/en/Professionals/E/Egan-Brian

(Part 2 of 2) – It’s the largest military conflict in Europe since World War II. And in just 4 weeks, Putin’s playbook has proven to grossly violate international law. This week, host Elisa is joined by Judge James Baker to breakdown the laws and treaties that apply to Russia and this conflict. Which international agreements are at play, and which have been violated? And as this conflict escalates, what options are on the table for NATO member states?

Hon. James E Baker is the Director of the Institute of Security Policy and Law at Syracuse University:

http://law.syr.edu/profile/the-hon.-james-e.-baker

References:

The Geneva Conventions:

https://www.icrc.org/en/doc/assets/files/publications/icrc-002-0173.pdf

The North Atlantic Treaty, Articles 5 & 11:

https://www.nato.int/cps/en/natolive/official_texts_17120.htm

The Rome Statute of the International Criminal Court:

https://legal.un.org/icc/statute/99_corr/cstatute.htm

United Nations General Assembly, Article 18:

https://legal.un.org/repertory/art18.shtml

National Security Act of 1947:

https://www.dni.gov/index.php/ic-legal-reference-book/national-security-act-of-1947

The Nuremberg Principles:

https://ihl-databases.icrc.org/ihl/INTRO/390

Title 18 U.S. Code 2441, War Crimes:

https://www.law.cornell.edu/uscode/text/18/2441

Executive Order 901:

https://www.law.cornell.edu/uscode/text/5/901

Executive Order 12333:

https://dpcld.defense.gov/Portals/49/Documents/Civil/eo-12333-2008.pdf

Department of Defense Law of War Manual:

https://dod.defense.gov/Portals/1/Documents/pubs/DoD%20Law%20of%20War%20Manual%20-%20June%202015%20Updated%20Dec%202016.pdf?ver=2016-12-13-172036-190

James E. Baker, “Obedience to Orders, Lawful Orders, and the Military’s Constitutional Compact.” Just Security. November 2, 2020:

https://www.justsecurity.org/73221/good-governance-paper-no-21-obedience-to-orders-lawful-orders-and-the-militarys-constitutional-compact/

“Biden call Putin a war criminal.” NPR. March 16, 2022:

https://www.npr.org/2022/03/16/1087011897/biden-putin-war-criminal

“U.S must harden its cybersecurity defenses, experts say.” ABA Press and ABA Standing Committee on Law and National Security. Feb. 2022:

https://www.americanbar.org/news/abanews/aba-news-archives/2022/03/us-must-harden-its-cybersecurity-defenses/

“Statement of ABA President Reginald Turner Re: Invasion of Ukraine.” ABA. March 2, 2022z:

https://www.americanbar.org/news/abanews/aba-news-archives/2022/02/statement-of-aba-president-reginald-turner-re-invasion-of-ukraine/

It’s the largest military conflict in Europe since World War II. And in just 3 weeks, Putin’s playbook has proven to grossly violate international law. This week, host Elisa is joined by Judge James Baker to breakdown the laws and treaties that apply to Russia and this conflict. Which international agreements are at play, and which have been violated? And as this conflict escalates, what options are on the table for NATO member states?

Hon. James E Baker is the Director of the Institute of Security Policy and Law at Syracuse University:

http://law.syr.edu/profile/the-hon.-james-e.-baker

References:

The Geneva Conventions:

https://www.icrc.org/en/doc/assets/files/publications/icrc-002-0173.pdf

The North Atlantic Treaty, Articles 5 & 11:

https://www.nato.int/cps/en/natolive/official_texts_17120.htm

The Rome Statute of the International Criminal Court:

https://legal.un.org/icc/statute/99_corr/cstatute.htm

United Nations General Assembly, Article 18:

https://legal.un.org/repertory/art18.shtml

National Security Act of 1947:

https://www.dni.gov/index.php/ic-legal-reference-book/national-security-act-of-1947

James E. Baker, “Obedience to Orders, Lawful Orders, and the Military’s Constitutional Compact.” Just Security. November 2, 2020:

https://www.justsecurity.org/73221/good-governance-paper-no-21-obedience-to-orders-lawful-orders-and-the-militarys-constitutional-compact/

“Biden call Putin a war criminal.” NPR. March 16, 2022:

https://www.npr.org/2022/03/16/1087011897/biden-putin-war-criminal

“U.S must harden its cybersecurity defenses, experts say.” ABA Press and ABA Standing Committee on Law and National Security. Feb. 2022:

https://www.americanbar.org/news/abanews/aba-news-archives/2022/03/us-must-harden-its-cybersecurity-defenses/

“Statement of ABA President Reginald Turner Re: Invasion of Ukraine.” ABA. March 2, 2022z:

https://www.americanbar.org/news/abanews/aba-news-archives/2022/02/statement-of-aba-president-reginald-turner-re-invasion-of-ukraine/

(Part 2 of 2) - As the world watches the evolving situation in Ukraine, many experts question the mindset and stability of Vladimir Putin. Are his tactics pure madness, or is this a more calculated strategy than we realize? This week host Elisa is joined by former CIA official Robert Dannenberg to dissect Putin’s history, current behaviors, and future intentions. What is Putin thinking and what is his endgame?

Robert Dannenberg worked in the Central Intelligence Agency for 24 years, including as Chief of Operations for the Counter Terrorism Center, Chief of the Central Eurasia Division and Chief of the CIA’s Information Operations Center. He then served as the head of the Office of Global Security for Goldman Sachs:

www.susandavis.com/robert-dannenberg/

References:

Rob Dannenberg, “With His Only Option Being Escalation, this is How Putin’s War Must End” The Cipher Brief. March 7, 2022:

https://www.thecipherbrief.com/with-his-only-option-being-escalation-this-is-how-putins-war-must-end

Russian President Putin Statement on Ukraine. C-SPAN. February 21, 2022:

https://www.c-span.org/video/?518097-2/russian-president-putin-recognizes-independence-donetsk-luhansk-ukraines-donbas-region

The Ezra Klein Show, “Fiona Hill on the War Putin is Really Fighting.” The New York Times. March 8, 2022:

https://www.nytimes.com/2022/03/08/opinion/ezra-klein-podcast-fiona-hill.html

OAO Alfa Bank v. Center for Public Integrity. September 2005:

https://casetext.com/case/oao-alfa-bank-v-center-for-public-integrity-2

Tom Burgis, “Kleptopia: How Dirty Money Is Conquering the World.” Harper Collins. September 8th, 2020:

https://www.harpercollins.com/products/kleptopia-tom-burgis?variant=32121952829474

Dominic Casciani, “Journalist wins ‘kleptocract’ book High Court libel case.” BBC News. March 2nd, 2022:

https://www.bbc.com/news/uk-60595266

As the world watches the evolving situation in Ukraine, many experts question the mindset and stability of Vladimir Putin. Are his tactics pure madness, or is this a more calculated strategy than we realize? This week host Elisa is joined by former CIA official Robert Dannenberg to dissect Putin’s history, current behaviors, and future intentions. What is Putin thinking and what is his endgame?

Robert Dannenberg worked in the Central Intelligence Agency for 24 years, including as Chief of Operations for the Counter Terrorism Center, Chief of the Central Eurasia Division and Chief of the CIA’s Information Operations Center. He then served as the head of the Office of Global Security for Goldman Sachs:

https://www.susandavis.com/robert-dannenberg/

The deep ocean is the last great wilderness on Earth. Vast and largely unexplored, the CCZ alone covers 1.7 million square miles of abyssal plain. At its chilling depths you’ll find crushing pressure, zero sunlight, and a sweeping array of life living amongst some of the most coveted minerals on Earth. This week we bring you the hard science of the ocean floor. Host Elisa is joined by marine ecologist Alex Rogers to discuss the biodiversity of the CCZ and its role in our global ecosystem. How biodiverse is the deep ocean? Why is deep sea life so important for carbon sequestration? And with so much still unknown, what do we risk in exploiting the deep sea for its mineral resources?

Professor Alex David Rogers is the Science Director at Rev Ocean, and a Visiting Professor in the Department of Zoology at the University of Oxford:

https://docs.google.com/document/d/1S5WNy8jZOwmOr1k0wafnfrtOG9xo2iGd/edit?usp=sharing&ouid=115287310253365681610&rtpof=true&sd=true