National Security Law Today

The Tigray War in Ethiopia, which began in November of last year, has killed thousands, displaced millions, and has fueled a devastating humanitarian crisis in the region. This week, co-hosts Elisa and Yvette are joined by Cameron Hudson of the Atlantic Council to discuss the latest developments in this ongoing civil war. How does Ethiopia’s political history contribute to today’s conflict? How are China, Iran and other nations involved? And why is Ethiopia’s instability on the Horn of Africa so crucial to U.S. national security?

Cameron Hudson is a Nonresident Senior Fellow with the Atlantic Council’s Africa Center:

https://www.atlanticcouncil.org/expert/cameron-hudson/

It’s our 200th episode! To celebrate we’ve invited back one of our very first guests to the podcast, Brian Egan. This week we’re discussing illicit finance, sanctions, and whether our methods of detecting and penalizing kleptocracy are up to par. How do kleptocrats hide their assets? What national security tools are currently at play? And how can sanctions be helpful or harmful in this process?

Brian Egan is a partner at Skadden:

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

NSLT Ep. 158, “Kleptocracy and National Security with Tom Burgis”:

https://www.americanbar.org/groups/law_national_security/nslt/20210121-kleptocracy1/

United States v. Miller:

https://www.law.cornell.edu/supremecourt/text/307/174

H.R. 5525 ENABLERS Act (Introduced version):

https://www.govtrack.us/congress/bills/117/hr5525/text

H.R. 402 CROOK Act:

https://www.govtrack.us/congress/bills/117/hr402/text

ABA Afghanistan Response Project:

https://www.americanbar.org/advocacy/rule_of_law/afghanistan-response/

This week, co-hosts Elisa and Yvette welcome Lieutenant General Flora Darpino. As a 30-year Army veteran, Lieutenant General Darpino served as the 39th Judge Advocate General of the Army, and was the first woman to serve in her role. Lieutenant General Darpino shares her experience as an early JAG serving during the Cold War, the challenges and opportunities that shaped her career as a TJAG, and offers advice to young lawyers looking to explore what the JAG Corps has to offer.

Lieutenant General Flora Darpino was the 39th Judge Advocate General of the Army:

https://www.congress.gov/116/meeting/house/109201/witnesses/HHRG-116-AS02-Bio-DarpinoF-20190402.pdf

The Supreme Court is back in session with a full plate this fall. To breakdown the latest national security cases on the docket, co-host Yvette is joined by Jamil Jaffer, Founder & Executive Director of the National Security Institute at George Mason University. Together they cover the big ticket issues, from United States v. Zubaydah and the state secrets privilege, to New York State Rifle & Pistol Association and 2nd Amendment rights. 

Jamil Jaffer is the Founder & Executive Director of the National Security Institute at George Mason University:

https://www.law.gmu.edu/faculty/directory/fulltime/jaffer_jamil_n

References:

United States v. Zubaydah:

https://www.supremecourt.gov/qp/20-00827qp.pdf

FBI v. Fazaga:

https://www.supremecourt.gov/qp/20-00828qp.pdf

Patel v. Garland:

https://www.supremecourt.gov/qp/20-00979qp.pdf

U.S. v. Tsarnaev:

https://www.supremecourt.gov/qp/20-00443qp.pdf

Babcock v. Kijakazi:

https://www.supremecourt.gov/qp/20-00480qp.pdf

New York State Rifle & Pistol Association Inc. v. Bruen:

https://www.supremecourt.gov/qp/20-00843qp.pdf

As our climate heats up, so do geopolitical tensions. This week, co-hosts Elisa and Yvette discuss the National Intelligence Estimate (NIE) issued by the National Intelligence Council, and dive into all things climate change, fossil fuels, and future green energy technology. How will climate change impact global migration patterns? Which nations have a hand in the oil reserves of the Arctic? And what is solar geoengineering?

References:

"National Intelligence Estimate on Climate Change" The Office of the Director of National Intelligence. Oct. 21, 2021:

https://www.dni.gov/index.php/newsroom/reports-publications/reports-publications-2021/item/2253-national-intelligence-estimate-on-climate-change

NSLT Ep. 84, "Climate Security and the Changing Landscape of Threat Part I with Mark Nevitt":

https://www.americanbar.org/groups/law_national_security/nslt/20190711-climate-security-and-the-changing-landscape-of-threat-part1/

NSLT Ep. 15, "Touring the Arctic with Lindsay Rodman":

https://www.americanbar.org/groups/law_national_security/nslt/20180115-touring-the-arctic/

"Department of Defense Climate Climate Risk Analysis" Oct. 2021:

https://media.defense.gov/2021/Oct/21/2002877353/-1/-1/0/DOD-CLIMATE-RISK-ANALYSIS-FINAL.PDF

Documentary: "Journey to Planet Earth: Extreme Realities: Severe Weather, Climate Change, and Our National Security" 2014:

https://www.amazon.com/Journey-Planet-Earth-Realities-National/dp/B0835TYPDV

ABA Afghanistan Response Project:

https://www.americanbar.org/advocacy/rule_of_law/afghanistan-response/

It’s all eyes on energy, and all eyes on China this week. Co-hosts Elisa and Yvette unpack the latest issues, from depleting energy reserves, to DOD resignations, to Chinese/Russian joint military exercises. Joining them to discuss the looming energy crisis and its global impact is Elaine Levin, President at Powerhouse. And later, we are joined by Captain Mary Ann Schaffer, Managing Director and System Chief Pilot at United Airlines, who unpacks United’s mission to cut carbon emissions.

Elaine Levin is the President at Powerhouse:

https://documentcloud.adobe.com/link/review?uri=urn:aaid:scds:US:abd5c0cc-d3aa-4163-b3a0-7e9a33a339eb#pageNum=1

Captain Mary Ann Schaffer is the Managing Director, System Chief Pilot at United Airlines:

https://documentcloud.adobe.com/link/review?uri=urn:aaid:scds:US:cfde71d1-b30e-42bd-8f39-a2d1dce8bf7c#pageNum=1

References:

NSLT Ep. 184, “The Centaur's Dilemma with Judge James Baker (Part 1)”:

https://www.americanbar.org/groups/law_national_security/nslt/centaur-dilemma-judge-baker-part-one/

NSLT Ep. 194, “A Conversation with the Director of National Intelligence Avril Haines”:

https://www.americanbar.org/groups/law_national_security/nslt/a-conversation-with-the-director-of-national-intelligence-avril-haines/

NSLT, Ep. 85, “Climate Security and the Changing Landscape of Threat Part II with Mark Nevitt”:

https://www.americanbar.org/groups/law_national_security/nslt/20190718-climate-security-and-the-changing-landscape-of-threat-part2/

ABA Afghanistan Response Project:

www.americanbar.org/advocacy/rule_o…istan-response/

General Colin Powell, who passed away this week, is remembered throughout the national security community as a distinguished public servant and American statesman. As the first Black chairman of the Joint Chiefs of Staff and the first Black Secretary of State, Powell broke barriers, shaped history, and reset the rules for how American military force should be deployed in the post-Vietnam era. In honor of his legacy and impact, we are joined this week by Jack Rives, who served alongside General Powell when he was chairman of the Joint Chiefs of Staff. Jack Rives reflects on Powell’s legacy, his tremendous impact on the national security community across both sides of the aisle, and pays tribute to a man of great honor, achievement, and character.

Jack Rives, Executive Director of the ABA:

https://www.americanbar.org/groups/leadership/aba_officers/rives/

Colin Powell, former Joint Chiefs Chairman and Secretary of State:

https://www.biography.com/political-figure/colin-powell

Articles:

“Executive Dir. Jack Rives reflects on Gen. Colin Powell’s life, legacy” The American Bar Association. Oct. 2021.

https://www.americanbar.org/news/abanews/aba-news-archives/2021/10/colin-powell-remembrance/

“Colin L. Powell Embodied the American Dream” Wall Street Journal. Oct. 20, 2021:

https://drive.google.com/file/d/1QTw_3fzp0NhMQfwlbsFc0A9ya-OKy9SV/view?usp=sharing

“Colin L. Powell’s Thirteen Rules of Leadership” U.S. Department of State. Oct. 18, 2021

https://www.state.gov/dipnote-u-s-department-of-state-official-blog/colin-l-powells-thirteen-rules-of-leadership/

Books:

Powell, Colin L. My American Journey. Penguin Random House, 1995.

https://www.penguinrandomhouse.com/books/133242/my-american-journey-by-colin-powell-with-joseph-e-persico/

Powell, Colin L., and Tony Koltz. It Worked for Me: In Life and Leadership. Harper Perennial, 2014.

https://www.amazon.com/Worked-Me-Life-Leadership/dp/0062135139

This week we are honored to host Avril Haines, Director of National Intelligence. As the first woman to serve as DNI, Avril Haines has an extraordinary perspective and the experience to match. Among many things she discusses - China, investments in cyber and intelligence infrastructure, creating a more diverse workforce, the shifting threat landscape, and opportunities for women in the intelligence community.

Avril Haines is the Director of National Intelligence:

https://www.dni.gov/index.php/who-we-are/leadership/director-of-national-intelligence

This conversation features opening remarks by Mary DeRosa, Chair of the Advisory Committee and Professor from Practice and Co-Director, Global Law Scholars Program, Georgetown University Law Center:

https://www.law.georgetown.edu/faculty/mary-b-derosa/

This conversation is moderated by Jennifer O’Connor, Chair of Women in National Security Law and Vice President at Northrop Grumman:

https://www.asdnews.com/news/defense/2017/04/28/ngc-appoints-jennifer-m-oconnor-as-mission-systems-sector-counsel

Happy Cyber Awareness month! And there’s already plenty to discuss. This week co-hosts Elisa and Yvette are joined by Claudia Rast, ABA Cybersecurity Legal Task Force Co-Chair, to discuss the biggest headlines in tech, from Facebook whistleblower revelations, malware vulnerabilities in hospitals, the Pandora Papers, South Dakota as a new tax haven, and the legal aspects to all of it.

Claudia Rast is Co-Chair of the ABA Cybersecurity Legal Task Force:

https://www.butzel.com/attorneys-claudia-rast.html

References:

ABA Cybersecurity Legal Task Force:

https://www.americanbar.org/groups/cybersecurity/

The ABA Cybersecurity Handbook, 2nd Edition:

https://www.americanbar.org/products/inv/book/309654847/

Vendor Cybersecurity Checklist, 2nd Edition:

https://www.americanbar.org/products/ecd/ebk/411859099/

The Pandora Papers, an ICIJ Investigation:

https://www.icij.org/investigations/pandora-papers/

NSLT Ep. 158, “Kleptocracy and National Security with Tom Burgess”:

https://www.americanbar.org/groups/law_national_security/nslt/20210121-kleptocracy1/

2021 AI & Robotics National Institute Virtual Conference registration:

https://web.cvent.com/event/f5951821-bd85-45d4-ba82-e575054a2679/summary

60 Minutes with Frances Haugen:

https://www.cbsnews.com/news/facebook-whistleblower-frances-haugen-misinformation-public-60-minutes-2021-10-03/

Communications Decency Act, Section 230:

https://www.law.cornell.edu/uscode/text/47/230

UPCOMING free webinar with DNI Avril Haines, Oct. 13th. Registration below:

https://www.americanbar.org/natsecurity

ABA Afghanistan Response Project:

https://www.americanbar.org/advocacy/rule_of_law/afghanistan-response/

This week, hosts Elisa and Yvette break down the latest in national security law news: Why is the Supreme Court’s public perception at an all time low? Is China headed towards issuing their own stable coin? And what’s going on on the Korean Peninsula? Tune in for all this and more.

References:

“Approval of U.S. Supreme Court Down to 40%, a New Low.” Gallup. Sep. 23 2021:

https://news.gallup.com/poll/354908/approval-supreme-court-down-new-low.aspx

The Bank Secrecy Act:

https://www.occ.treas.gov/topics/supervision-and-examination/bsa/index-bsa.html

NSLT Ep. 94, “Will the Dollar be Disarmed? with Brian Egan”:

https://www.americanbar.org/groups/law_national_security/nslt/20190919-will-the-dollar-be-disarmed/

“North Korea Offers Talks With South In A Likely Bid to Get Sanctions Relief.” NPR. Sep. 24, 2021:

https://www.npr.org/2021/09/24/1040357002/north-korea-offers-talks-with-south-in-a-likely-bid-to-get-sanctions-relief

U.S. Constitution, Article III Section 3:

https://constitution.congress.gov/browse/article-3/section-3/

“Apple delays iPhone photo-scanning plan amid fierce backlash.” Associated Press. Sep. 3, 2021:

https://apnews.com/article/technology-business-d796d5ca2ca5932790ad806b9c119d71

“General Milley and Other Military Officials Testify on Afghanistan Withdrawal” C-SPAN. Sep. 29, 2021:

https://www.c-span.org/video/?514922-1/defense-secretary-austin-generals-milley-mckenzie-testify-afghanistan-withdrawal

NSLT Ep. 120, “Public Service and National Security with Avril Haines and Paul Lekas”:

https://www.americanbar.org/groups/law_national_security/nslt/20200416-public-service-and-national-security/

UPCOMING free webinar with Avirl Haines, Oct. 13th. Register below:

https://americanbar.zoom.us/webinar/register/WN__sHGT45EQeuuWAF9v6cIsw

More information on the Oct. 13th webinar:

https://documentcloud.adobe.com/link/track?uri=urn:aaid:scds:US:79d78b2b-233e-4636-89de-d868af6f6e37#pageNum=1