National Security Law Today

The hosts of National Security Law Today look at major headlines form the past week around the election, the pandemic, and the firing of the Secretary of Defense.

This episode references:

"Politics of Putin: Why he's attacking NATO, the EU, and America's free and fair elections" National Security Law Today, September 3, 2020

https://www.americanbar.org/groups/law_national_security/nslt/20200903-politics-of-putin-1/

"Trump adviser Scott Atlas apologizes for appearing on RT" Axios, November 1, 2020

https://www.axios.com/scott-atlas-rt-russia-today-48f2dcae-8660-438e-90af-407b90e4b490.html

The Presidential Transition Act of 1963 [PDF]

https://www.govinfo.gov/content/pkg/STATUTE-78/pdf/STATUTE-78-Pg153.pdf

"Voting Part 1: The risks and remedies for fair elections with Ned Foley" National Security Law Today, October 22, 2020

https://www.americanbar.org/groups/law_national_security/nslt/20201022-election-law-voting-foley-1/

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

"Nonproliferation: Infectious Diseases and International Treaties with Bonnie Jenkins" National Security Law Today, August 6, 2020

https://www.americanbar.org/groups/law_national_security/nslt/20200806-nonproliferation-pandemic-open-skies/

"Today's terror threats come from domestic extremists with Seth Jones" National Security Law Today, November 5, 2020

https://www.americanbar.org/groups/law_national_security/nslt/20201105-domestic-terrorism/

Classified Information Procedures Act

https://uscode.house.gov/view.xhtml?path=/prelim@title18/title18a/node16&edition=prelim

DOJ Synopsis of CISA

https://www.justice.gov/archives/jm/criminal-resource-manual-2054-synopsis-classified-information-procedures-act-cipa

"Inspectors General: Oversight, Authority, and Removal with Joel Brenner" National Security Law Today, May 14, 2020

https://www.americanbar.org/groups/law_national_security/nslt/20200514-inspectors-general-oversight-removal/

"The Insurrection Act Today with William Banks and Harvey Rishikof" National Security Law Today, June 19, 2020

https://www.americanbar.org/groups/law_national_security/nslt/20200605-insurrection-act/

Seth Jones discusses the changing landscape of terrorism over the past decades and why it is domestic extremists not international terror cells that are now the greatest threat to our national security.

This episode references:

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 Studies(CSIS)

https://www.csis.org/people/seth-g-jones

Professor Ned Foley of the Moritz College of Law at Ohio State University returns to talk about the milestone election case Bush v Gore and what a successful election looks like in America.

This episode references:

Edward Foley, "How to Know if the Election Is Actually ‘Rigged’ " Politico, September 13, 2020

https://www.politico.com/news/magazine/2020/09/13/how-to-know-if-the-election-is-actually-rigged-412557

Presidential Elections and Majority Rule: The Rise, Demise, and Potential Restoration of the Jeffersonian Electoral College. Edward Foley, 2020

https://global.oup.com/academic/product/presidential-elections-and-majority-rule-9780190060152?cc=us&lang=en&

Ballot Battles: The History of Disputed Elections in the United States. Edward Foley, 2016

https://global.oup.com/academic/product/ballot-battles-9780190235277?cc=us&lang=en&

Bush v. Gore 531 US 98 (2000)

https://www.oyez.org/cases/2000/00-949

Full Case Opinion (PDF)

https://supreme.justia.com/cases/federal/us/531/98/case.pdf 

Debra Cassens Weiss "Dec. 8 'safe harbor' deadline is a critical date in nightmare election scenarios" ABA Journal, September 25, 2020

https://www.abajournal.com/news/article/dec.-8-safe-harbor-deadline-is-a-critical-date-in-nightmare-election-scenarios 

Professor Edward Foley is the Ebersold Chair in Constitutional Law at The Ohio State University and director of the school's election law program

https://moritzlaw.osu.edu/faculty/edward-b-foley/

Professor Edward "Ned" Foley discusses how Americans elect our federal officers and how the law and the courts have ruled on voting; from naming electors to deciding Bush v Gore in 2000.

Edward Foley "Think the Constitution protects your right to vote? That’s not really true — but it should." Washington Post, October 19, 2020

https://www.washingtonpost.com/opinions/2020/10/19/does-the-constitution-protect-your-right-to-vote/

Presidential Elections and Majority Rule: The Rise, Demise, and Potential Restoration of the Jeffersonian Electoral College. Edward Foley, 2020

https://global.oup.com/academic/product/presidential-elections-and-majority-rule-9780190060152?cc=us&lang=en&

Ballot Battles: The History of Disputed Elections in the United States. Edward Foley, 2016

https://global.oup.com/academic/product/ballot-battles-9780190235277?cc=us&lang=en&

Bush v. Gore 531 US 98 (2000)

https://www.oyez.org/cases/2000/00-949

Chiafalo v. Washington 591 US _ (2020)

https://www.oyez.org/cases/2019/19-465

Republican Party of Pennsylvania v. Boockvar

https://www.scotusblog.com/case-files/cases/republican-party-of-pennsylvania-v-boockvar/

Edward Foley "The Supreme Court ruling on ballot deadlines may be more of a reprieve for Democrats than a win." Washington Post, October 20, 2020

https://www.washingtonpost.com/opinions/2020/10/20/supreme-court-ruling-ballot-deadlines-may-be-more-reprieve-democrats-than-win/

Professor Edward Foley is the Ebersold Chair in Constitutional Law at The Ohio State University and director of the school's election law program

https://moritzlaw.osu.edu/faculty/edward-b-foley/

ABA President Patricia "Trish" Refo discusses how the ABA supports elections and voting and how it advises on judicial nominations, and talks about her career in litigation.

This episode references

Federal Rules of Evidence

https://www.rulesofevidence.org/

Daubert Standard from Daubert v. Merrell Dow Pharmaceuticals Inc., 509 U.S. 579 (1993)

https://supreme.justia.com/cases/federal/us/509/579/

An army of Ruth Bader Ginsburg's former law clerks gathered to meet her casket at the Supreme Court, CBS News, September 23, 2020

https://www.cbsnews.com/news/ruth-bader-ginsburg-law-clerks-meet-casket-supreme-court-lie-in-repose/

Poll Worker Esq. (Also found at ambar.org/vote)

https://www.americanbar.org/groups/public_interest/election_law/poll-worker-esq/

CanIvote.org

https://www.nass.org/can-I-vote

ABA Presidents on the 19th Amendment

https://www.americanbar.org/groups/public_education/programs/19th-amendment-centennial/

ABA Cybersecurity Task Force Resources

https://www.americanbar.org/groups/cybersecurity/resources/aba-cyber-resources/

Patricia "Trish" Refo is the President of the American Bar Association

https://www.americanbar.org/groups/leadership/aba_officers/patricia-lee-refo/

Dan Sutherland, Chief Counsel of the Cyber Infrastructure Security Agency discusses the challenges of supporting election security across the US and just what steps the government takes to safeguard the vote.

This episode references:

CISA Resources for Lawyers

https://www.cisa.gov/resources-lawyers

CISA Cyber Summit

https://www.cisa.gov/live

CISA Election Security Page

https://www.cisa.gov/protect2020

CISA Election Security Resource Library

https://www.cisa.gov/election-security-library

Stanford-MIT Healthy Elections Project

https://healthyelections.org/

Senate Select Committee on Intelligence Report on Russian Active Measures Campaigns and Interference in the 2016 U.S. Election (Volumes 1-5)

https://www.intelligence.senate.gov/publications/report-select-committee-intelligence-united-states-senate-russian-active-measures

Elections Infrastructure Information Sharing and Analysis Center (EI-ISAC)

https://www.cisecurity.org/ei-isac/

National Association of Secretaries of State #TrustedInfo2020

https://www.nass.org/initiatives/trustedinfo-2020

CISA Election Disinformation Toolkit [PDF]

https://www.cisa.gov/sites/default/files/publications/election-disinformation-toolkit_508.pdf

Help America Vote Act of 2002

https://www.eac.gov/sites/default/files/eac_assets/1/6/HAVA41.PDF

Help America Vote Act Appropriations

https://www.eac.gov/payments-and-grants/election-security-funds

Election Grants under the 2020 CARES Act

https://www.eac.gov/payments-and-grants/2020-cares-act-grants

NASS Issue Briefing on State Spending of Election Security Grant Funds [PDF]

https://www.nass.org/sites/default/files/Election%20Cybersecurity/issue-brief-HAVA-spending-april-2020_.pdf

Center for Tech and Civic Life

https://www.techandciviclife.org/

Poll Worker, Esq.

https://www.americanbar.org/groups/public_interest/election_law/poll-worker-esq/

Safeguarding Your Vote: A Joint Message on Election Security [Video]

https://youtu.be/GhQjRtVi9pQ

Committee on House Administration Election Security Update: Top 18 Most Vulnerable States, July 2018

https://cha.house.gov/sites/democrats.cha.house.gov/files/Election_Security_Update_v5.pdf

Dan Sutherland is the Chief Counsel for the Cyber and Infrastructure Security Agency (CISA)

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

In this episode John Barry, author of the bestselling book The Great Influenza discusses the historical and policy lessons of the 1918 flu and what they mean for 2020.

This episode references

The Great Influenza: The Story of the Deadliest Pandemic in History

https://www.amazon.com/Great-Influenza-Deadliest-Pandemic-History/dp/0143036491

The Espionage Act of 1917

https://iowaculture.gov/sites/default/files/history-education-pss-wwi-espionageact-transcription.pdf

The Sedition Act of 1918

https://wwi.lib.byu.edu/index.php/The_U.S._Sedition_Act

The Committee on Public Information

https://www.mtsu.edu/first-amendment/article/1179/committee-on-public-information

Operation Warp Speed

https://www.defense.gov/Explore/Spotlight/Coronavirus/Operation-Warp-Speed/

National Strategy for Pandemic Influenza: Implementation Plan, May 2006

https://georgewbush-whitehouse.archives.gov/homeland/pandemic-influenza-implementation.html

Rising Tide: The Great Mississippi Flood of 1927

https://www.amazon.com/Rising-Tide-Mississippi-Changed-America/dp/0684840022

John Barry is a prize-winning and bestselling author whose book on the 1918 pandemic influenza won the National Academies of Sciences award for the year's outstanding book on science or medicine.

http://www.johnmbarry.com/events.htm

Cynthia Ryan, the former general counsel of the NGA - the intelligence community's space surveillance and imaging agency - talks about her career path and what the biggest growth areas are in national security law.

This episode references:

National Space Council

https://www.space.commerce.gov/category/national-space-council/

Law and Military Ops in Space with Jack Beard and Dale Stephens

https://www.americanbar.org/groups/law_national_security/nslt/20200430-woomera-manual-space-law/

NASA Publishes Artemis Plan to Land First Woman, Next Man on Moon in 2024

https://www.nasa.gov/press-release/nasa-publishes-artemis-plan-to-land-first-woman-next-man-on-moon-in-2024/

The Confidence Code

https://theconfidencecode.com/

Lean In

https://leanin.org/book

Cynthia Ryan is the former General Counsel of the National Geospatial-Intelligence Agency and the immediate past chair of the ABA Standing Committee on Law and National Security

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

Elizabeth Rindskopf Parker discusses her career as general counsel to the CIA and the NSA, and talks about how her work in the intelligence community led her to become a champion for civic education.

This episode references:

Women in American Cryptography

https://www.nsa.gov/about/cryptologic-heritage/historical-figures-publications/women/

CIA spycatcher Jeanne Vertefeuille

https://www.cia.gov/news-information/featured-story-archive/2016-featured-story-archive/spy-catcher-jeanne-vertefeuille.html

Mir Aimal Kansi's attack on the CIA headquarters

https://www.cia.gov/news-information/featured-story-archive/murder-at-cia.html

Educating for Democracy Act

https://delauro.house.gov/sites/delauro.house.gov/files/documents/DELAUR_074_xml_final.pdf

iCivics

https://www.icivics.org/

CivXNow Coalition

https://www.civxnow.org/

"Back in the Day: Return to civics classes may be crucial for American society" Philadelphia Tribune, September 12, 2020

https://www.phillytrib.com/commentary/backintheday/back-in-the-day-return-to-civics-classes-may-be-crucial-for-american-society/article_b9ad8256-f28d-564e-aad8-eae2a93df78a.html

Elizabeth Rindskopf Parker is the Dean Emerita of the University of the Pacific McGeorge School of Law and the former Executive Director of the State Bar of California.

Dr. Jill Goldenziel talks about how she teaches law and leadership to Marines, how the U.S. needs to think differently about online free speech, and how China and America use law as an operational tool

This episode references:

The New Fighting Words?: How U.S. Law Hampers the Fight Against Information Warfare

https://scholarship.law.upenn.edu/jcl/vol22/iss1/3/

Packingham v. North Carolina 582 US _ (2017)

https://www.oyez.org/cases/2016/15-1194

S. 4534: A bill to amend section 230 of the Communications Act of 1934 to modify the scope of protection from civil liability for “good Samaritan” blocking and screening of offensive material

https://www.govtrack.us/congress/bills/116/s4534

Law as a Battlefield: The U.S., China, and Global Escalation of Lawfare

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3525442

The South China Sea Arbitration (The Republic of Philippines v. The People's Republic of China)

https://pca-cpa.org/en/cases/7/

Global Compact for Safe, Orderly, and Regular Migration

https://refugeesmigrants.un.org/sites/default/files/180713_agreed_outcome_global_compact_for_migration.pdf

What's on Your CV of Purpose?

https://www.linkedin.com/pulse/whats-your-cv-purpose-jill-goldenziel

Dr. Jill Goldenziel is a Professor at Marine Corps University-Command and Staff College

https://jillgoldenziel.com/