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National Security Law Today
by National Security Law Today
National Security Law Today brings legal experts discussing the hot topics and current issues in the world of national security law right to your phone. Get information and advice for lawyers, law students or interested parties who want to dig deeper into the law that protects the country.
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Export Controls in the Age of AI & Quantum with Doni Bloomfield (Part 1)
Export controls have long determined which American technologies can cross borders—and which must remain secret. In Part 1 of this two-part series, Elisa is joined by Professor Doni Bloomfield to trace the evolution of U.S. export controls from World War I through the Cold War, examining how wartime censorship, patent secrecy, atomic technology, semiconductors, and cryptography shaped the modern regulatory system. Together, they explore the government’s expanding role in restricting sensitive information, the tension between national security and scientific openness, and the historical foundations of today’s debates over emerging technology.Doni Bloomfield is an Associate Professor of Law at Fordham Law School whose work focuses on intellectual property, biosecurity, national security law, and health law. References:Bloomfield, Doni. “Export Controls as Intellectual Property Regulation.” Iowa Law Review, vol. 111, 2026, pp. 1955–2005.Bloomfield, Doni, and Jeff Gordon. “The New Export-Control Equilibrium.” SSRN, Fordham Law Legal Studies Research Paper no. 6634758, 23 Apr. 2026Trading With The Enemy Act of 1917The Espionage Act (1917)The Sedition Act (1918)The Invention Secrecy Act (1951)Gross, Daniel P. “The Consequences of Invention Secrecy.” NBER Working Paper no. 25545, 2019.National Security Decision Directive 189
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AI, Quantum, and the New Threat Landscape with Rob Joyce
AI, quantum computing, and cyber capabilities are redefining what national security threats look like. This week, Elisa is joined by Rob Joyce, former Director of the NSA’s Cybersecurity Directorate, for a conversation on how emerging technologies are altering both the threat landscape and the national security response. Drawing on Joyce’s 34-year career at the National Security Agency, the episode explores AI-enabled cyber risks, the defense of critical infrastructure, government-industry collaboration, quantum readiness, and the workforce needed to navigate the next phase of national security. Rob Joyce is the founder of Joyce Cyber LLC and a former senior NSA cybersecurity leader who served more than 34 years at the agency, including as head of Tailored Access Operations and the Cybersecurity Directorate. References: Post Quantum Cryptography Strategy. Department of War. April 16 2026E.O. 14413: Ushering in the Next Frontier of Quantum Innovation
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20 Years of DOJ’s National Security Division: A Live Discussion with Former Leaders
The Department of Justice’s National Security Division marks 20 years at the center of the federal government’s national security mission. This week, we're featuring a recent live discussion hosted by the ABA Standing Committee on Law and National Security, “DOJ National Security Division 20th Year Anniversary: A Discussion with Former Assistant Attorneys General for National Security.” Moderated by Kelli Andrews, former NSD Chief of Staff, the panel brings together former Assistant Attorneys General Matthew G. Olsen, John Demers, John P. Carlin, and Kenneth L. Wainstein to reflect on NSD’s work addressing nation-state threats, foreign investment risks, espionage, cyber attacks, terrorism, and other evolving national security challenges. Moderated by Kelli Andrews, Senior Director for Cybersecurity and Lawful Access Policy at MicrosoftMatthew G. Olsen is a Partner at WilmerHale John Demers is the Corporate Secretary, Vice President and Assistant General Counsel at Boeing John P. Carlin is a Partner at Paul WeissKenneth L. Wainstein is a Partner at Mayer Brown References:NSIT: Quantum Computing Explained E.O. 14413: Ushering in the Next Frontier of Quantum InnovationAlexandra Kelley. “OMB Issues Instructions for Agency Migration to Quantum-Proof Encryption.” Nextgov/FCW, 25 June 2026.NSLT, Ep. 426, "A New Iran Deal? Unpacking the MOU with Brian Egan"Watch for conference and registration information for the 36th Annual Review of the Field of National Security Law CLE Conference – October 7-8, 2026, Omni Shoreham Hotel, Washington, DC
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A New Iran Deal? Unpacking the MOU with Brian Egan
The new Iran memorandum is raising old questions about war powers, diplomacy, and congressional oversight. This week, Elisa is joined by Brian Egan, current partner at Skadden and former State Department Legal Adviser and Deputy White House Counsel, to examine the Trump administration’s 14-point memorandum of understanding with Iran and how it compares to the JCPOA. Together, they break down what legal force an MOU may carry, what it could mean for sanctions, inspections, frozen funds, and regional security, and why the Algiers Accords still matter when assessing major international agreements.Brian J. Egan is a partner in Skadden’s National Security Group, where he leads the firm’s CFIUS, export controls, and sanctions practices.References:Islamabad Memorandum of Understanding Between the Islamic Republic of Iran and the United States of America. NPR, 18 June 2026The Joint Comprehensive Plan of Action (JCPOA)The Algiers Accords
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FISA 702 Has Sunsetted: What It Means for Intelligence with Glenn Gerstell
FISA 702 is back at the center of the national security debate. This week, Elisa is joined by Glenn Gerstell, senior advisor at the Center for Strategic and International Studies and former General Counsel of the National Security Agency, to break down what FISA Section 702 does, what happened when it lapsed, and what could be at stake if Congress fails to act. Later, Elisa walks through several developments shaping the national security landscape, including proposals for government stakes in AI companies, weapons production among U.S. allies, critical minerals deals, and the spread of online-fueled violence.Glenn Gerstell is a senior adviser at the Center for Strategic and International Studies and former General Counsel of the National Security Agency.References:FISA Section 702EO 12333The Stored Communications Act (SCA)The SAVE America ActThe American AI Sovereign Wealth Fund ActStrategic Partnership Agreement Between the Government of the United States of America and the Government of the Democratic Republic of the CongoNSLT, Ep. 421, "Cognitive Warfare: AI, False Realities, and the Laws of War with Gary Corn"McClements, Freya. “Study Finds ‘Alarming’ Role Played by Social Media in Sparking Racial Intimidation in North.” The Irish Times, 2 May 2025.Section 721 of the Defense Production ActThe Department of Justice’s First Lawsuit Enforcing a Presidential Order Under Section 721 of the Defense Production Act
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Frontier AI and the New AI Executive Order with Josh Geltzer
A new AI executive order is raising big questions about innovation, security, and government oversight. This week, Elisa speaks with Josh Geltzer, Partner at WilmerHale and former Deputy White House Counsel and Legal Advisor to the National Security Council, about the Trump administration’s new framework for securing frontier AI models before they reach the public. Together, they explore what voluntary early access could mean for leading AI companies, how the federal government may respond to national security risks, and whether this kind of public-private process could eventually evolve into a stronger legal framework. Josh Geltzer is a Partner at WilmerHale, where he focuses on national security issues including artificial intelligence, cybersecurity, CFIUS, crisis management, and national security-related litigation.References:Executive Order: “Promoting Advanced Artificial Intelligence Innovation and Security.” The White House, June 2, 2026.Executive Order: “Ensuring a National Policy Framework for Artificial Intelligence.” The White House, December 11, 2025.The Computer Fraud and Abuse Act (CFAA)Subscribe to our YouTube
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415
AI on the Battlefield: Project Maven and the Future of War with Jack Shanahan
Project Maven stands as one of the earliest and most consequential efforts to bring AI into military operations. This week, Elisa sits down with Lt. Gen. Jack Shanahan, former Director of the Department of Defense’s Joint Artificial Intelligence Center and founding Director of Project Maven, to explore how AI entered the battlefield and why it became a strategic priority for the U.S. military. Together, they examine the development of Project Maven, the challenges of using massive troves of defense data, the risks of data manipulation, and how the U.S. can think responsibly about AI, autonomy, and military advantage in the decades ahead.Lt. Gen. John “Jack” Shanahan, USAF Ret., is the former inaugural Director of the Department of Defense’s Joint Artificial Intelligence Center and founding Director of Project Maven, the DoD’s first operational AI program. References:Manson, Katrina. Project Maven: A Marine Colonel, His Team, and the Dawn of AI Warfare. W. W. Norton & Company, 2026.
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Unchecked AI and the Exploitation of Personal Data: National Security Implications with Margaret Hu and Davi Ottenheimer (Part 1 Recast)
This week, we revisit Elisa’s conversation with Margaret Hu, Professor of Law at William & Mary, and Davi Ottenheimer, Vice President of Trust and Digital Ethics at Inrupt, to examine the vulnerabilities embedded in our digital footprints. Together, they discuss microtargeting, the exploitation of personal data, and how a stronger federal data privacy framework could better protect individuals, institutions, and public trust.Margaret Hu is the Taylor Reveley Research Professor and Professor of Law, and Director of the Digital Democracy Lab, at William & Mary Law SchoolDavi Ottenheimer is Vice President of Trust and Digital Ethics at InruptReferences:Register: Luncheon program featuring former DOJ Assistant Attorneys General for National Security – June 4th at 12PM, at the University Club in Washington DCSubscribe to our YoutubeEp. 340, Unchecked AI and the Exploitation of Personal Data: National Security Implications with Margaret Hu and Davi Ottenheimer (Part 2)Ep. 179, Algorithms – Who's in Control? with Alex Stamos (Part 1)Ep. 180, Algorithms – Who’s in Control? with Alex Stamos (Part 2)Ep. 411, Russia’s War of Attrition: Massive Losses and Tiny Gains with Seth JonesEp. 416, The Drone Disruption: How Autonomous Systems Are Reshaping the Battlefield with Dawn ZoldiCalifornia SB 1386, OverviewThe General Data Protection Regulation (GDPR)The EU Artificial Intelligence Act, Overview
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Cognitive Warfare: AI, False Realities, and the Laws of War with Gary Corn
AI and the modern information ecosystem are making reality harder to verify, and easier to weaponize. This week, Elisa Poteat is joined by Gary Corn, Program Director and Adjunct Professor of Technology, Law and Security at American University Washington College of Law, to discuss his recent article, “Cognitive Warfare: Generative AI, False Realities, and International Humanitarian Law.” Together, they explore how cognitive warfare has been used throughout history, how deepfakes and synthetic media could accelerate its effects, and what international humanitarian law can, and cannot, do to address the risks AI poses to civilians, truth, and modern conflict.Professor Gary Corn is Director of the Technology, Law & Security Program and an adjunct professor of cyber and national security law and the law of armed conflict at American University Washington College of Law.References:Corn, Gary P. “Cognitive Warfare: Generative AI, False Realities, and International Humanitarian Law.” American University Washington College of Law, 2025.Sun-tzu. The Art of War. Translated by Lionel Giles, Project Gutenberg, 1994.Video Series: Operation InfeKtion. The New York Times Opinion, 2018.The Law of Armed Conflict OverviewU.S. Constitution, Article IV: Relationships Between the States. Legal Information Institute, Cornell Law School.Gary Corn Articles of War Profile. Lieber Institute for Law & Warfare, United States Military Academy at West Point.NSLT, Ep. 339, "Unchecked AI and the Exploitation of Personal Data: National Security Implications with Margaret Hu and Davi Ottenheimer (Part 1)"NSLT, Ep. 411, "Russia’s War of Attrition: Massive Losses and Tiny Gains with Seth Jones"NSLT, Ep. 416, "The Drone Disruption: How Autonomous Systems Are Reshaping the Battlefield with Dawn Zoldi"
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Securing AI: Threat Models, Prompt Injections, and National Security with Shoshana Cox
As AI becomes more deeply embedded in government and national security systems, one question grows harder to ignore: can these tools actually be secured? This week, Elisa is joined by Disesdi Shoshana Cox, CEO and Head of Research at Bermuda Hundred Strategies, to examine the cybersecurity risks behind AI integration. Together, they discuss whether AI models can be corrected after harmful inputs, how threat modeling can help secure national security use cases, and why prompt injections pose a serious risk as AI systems become more widely deployed across government.Shoshana Cox is the CEO and Head of Research at Bermuda Hundred Strategies and an AI security architect, researcher, and strategist whose work focuses on AI threat modeling, MLSecOps, and defensive architectures for mission-critical systems.References:Cox, S. Securing AIML Systems in the Age of Information Warfare. Critical Alliance, Apr. 2022Cox, S. Agentic AI Red Teaming Guide. Cloud Security Alliance, 28 May 2025Shoshana's SubstackSubscribe to Angles of Attack Newsletter
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Biological Data Governance in an Age of AI with Doni Bloomfield
AI is unlocking new speed and power in biological research, creating opportunities for medical breakthroughs while raising new questions about oversight. This week, Elisa sits down with Doni Bloomfield, Associate Professor of Law at Fordham University, to discuss his recent report, Biological Data Governance in an Age of AI, and the growing risks of training AI models on sensitive viral and genetic information. Together, they explore how AI-powered virus research could shape future treatments, while examining the biosecurity risks of open scientific access and what thoughtful oversight might require.Doni Bloomfield is an Associate Professor of Law at Fordham Law School whose work focuses on intellectual property, biosecurity, national security law, and health law.References:Bloomfield, Doni et al. “Biological data governance in an age of AI.” Science (New York, N.Y.) vol. 391,6785 (2026): 558-561Turner, Stephen D. “Tiered Access for AIxBio Governance.” Paired Ends, 9 Feb. 2026.Amodei, Dario. “The Adolescence of Technology: Confronting and Overcoming the Risks of Powerful AI.” Dario Amodei, Jan. 2026.NIH All of Us Research ProgramThe White House. America’s AI Action Plan. Washington, DC: The White House, July 2025.Supreme Court of Alabama. Laurie Ibach and Mark Stewart v. Bruce Stewart, No. SC-2025-0106, Apr. 24, 2026.
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Ghost in the Machine: What AI Inherited and Why It Matters with Valerie Veatch
As artificial intelligence accelerates, questions about its origins—and underlying assumptions—are becoming harder to ignore. This week, Elisa sits down with filmmaker Valerie Veatch to explore her latest documentary, Ghost in the Machine, which traces the intellectual roots of AI back to the eugenics movement. Together, they examine how these early ideologies may still echo in today’s AI systems, what it means for a workforce increasingly shaped by automation, and how unchecked technological progress can lead to unintended consequences.Valerie Veatch is a writer, director, and producer of documentary films, including Me @ the Zoo, Love Child, and her latest release, Ghost in the Machine.References:McQuillan, Dan. Resisting AI: An Anti-fascist Approach to Artificial Intelligence. Bristol University Press, 2022.Bender, Emily M., and Alex Hanna. The AI Con: How to Fight Big Tech’s Hype and Create the Future We Want. Harper, 2025.Becker, Adam. More Everything Forever: AI Overlords, Space Empires, and Silicon Valley’s Crusade to Control the Fate of Humanity. Basic Books, 2025.Sacks, David O., and Peter Thiel. The Diversity Myth: Multiculturalism and Political Intolerance on Campus. Independent Institute, 1998.“Q-Day Just Got Closer: Three Papers in Three Months Are Rewriting the Quantum Threat Timeline.” The Quantum Insider, 31 Mar. 2026
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Iran’s Cyber Playbook: Attacks, Proxies, and Civilian Impact with Ricoh Danielson
When cyberattacks target hospitals, infrastructure, and everyday systems, the line between battlefield and civilian life begins to blur. This week, Elisa is joined by Ricoh Danielson, a cybersecurity expert, U.S. Army veteran, and CEO of 1st Responder Cyber, to unpack Iran’s expanding cyber operations and what they reveal about modern warfare. Drawing on recent attacks and long-standing tactics, they examine how Iran uses cyber tools to project power, exploit both human and technical vulnerabilities, and disrupt essential services.Ricoh Danielson is a U.S. Army combat veteran, digital forensics expert, cybersecurity leader, and CEO of 1st Responder Cyber.References:NSLT, Ep. 416, "The Drone Disruption: How Autonomous Systems Are Reshaping the Battlefield with Dawn Zoldi". April 14 2026.
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The Drone Disruption: How Autonomous Systems Are Reshaping the Battlefield with Dawn Zoldi
What happens when weapons that cost a few thousand dollars can rival—and even outmaneuver—systems worth millions? This week, Elisa is joined by Dawn Zoldi, a retired Air Force Colonel, attorney, and founder of P3 Tech Consulting, to break down the rapid rise of drone warfare and its growing impact on global conflict. Drawing on examples from Ukraine, Iran, and across the Middle East, they explore how inexpensive drones are transforming military strategy, how AI is reshaping their capabilities, and what it means for those operating far from the battlefield. From swarm technology to legal accountability, the conversation also looks ahead—examining how autonomous drone systems could reshape private sector and industrial roles, taking on tasks once considered too dangerous, costly, or complex for humans. Dawn Zoldi is a retired Air Force Colonel, licensed attorney, CEO & Founder of P3 Tech Consulting, Publisher of Autonomy Global and an internationally recognized expert on uncrewed aircraft system law and policy.Autonomy Global is the leading digital media platform providing cutting-edge insights on autonomous technologies, featuring the latest news, industry trends, policies and expert analysis on dual-use drones, eVTOLs, robotics, space, maritime and enabling technologies worldwide.References:Tune in to the Dawn of Autonomy PodcastSubscribe to the Autonomy Global NewsletterArticle: Zoldi, Dawn. “Burning Down the Miracles: Inside Skunk Works’ Next Long-Range Kill Chain Breakthroughs.” Autonomy Global, 26 Feb. 2026NSLT Ep. 123, "Drones in the Pandemic with Dawn Zoldi". May 7 2020.U.S. Department of War Statement on DJI SystemsThe Law of Armed Conflict OverviewThe Rules of Engagement (ROE) OverviewXPONENTIAL 2026 – May 11th-14th in Detroit, MI
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Assessing the War with Iran: Military Policy and Legal Perspectives
A fragile ceasefire between the United States and Iran has paused active hostilities—but major questions remain about what comes next. This week, we feature a recent live panel discussion, “Assessing the War with Iran: Military Policy and Legal Perspectives,” co-hosted by the ABA Standing Committee on Law and National Security and Syracuse University’s Institute for Security Policy and Law. Moderated by Judge James Baker and featuring retired Vice Admiral Robert Murrett and Elisa Ewers, the panel examines the strategic, legal, and economic dimensions of the conflict. Recorded just prior to the ceasefire, the conversation explores U.S. military objectives, the legal authorities underpinning action, potential exit strategies, and the broader global implications of escalation in the region.Introductions by Stephen Preston, Chair of the ABAs Standing Committee on Law and National Security and Partner at WilmerHaleModerated by Judge James Baker, Director of the Syracuse University Institute for Security Policy and Law and a Professor of Law at Syracuse UniversityRobert Murrett is Deputy Director of the Institute for Security Policy and Law at Syracuse UniversityElisa Ewers is a Senior Fellow at the Council on Foreign Relations and an Adjunct Senior Fellow at RAND and the Center for a New American SecurityReferences:ABA Standing Committee on Law and National Security Webpage
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Iran’s Cyber Front: Where Digital and Physical War Converge with Matt Suiche
As the conflict with Iran evolves, cyber capabilities are proving just as consequential as traditional military force. This week, Elisa sits down with Matt Suiche, founder of OnDB and a former hacker, to examine how cyber operations shape intelligence gathering, targeting, and real-time decision-making in modern conflict. Together, they explore the vulnerabilities of AI systems, the physical risks to critical infrastructure like data centers and undersea cables, and what these emerging threats reveal about the limits of technology in high-stakes warfare.Matt Suiche is a cybersecurity researcher and founder of OnDB Inc., a data infrastructure startup for the agentic economy.References:NSLT Episode: Elemental Power: Mining, Markets, and the Critical Minerals Challenge with Tommy Beaudreau (Part 1). Feb 18 2025NSLT Episode: Seabed Mining as a National Security Threat: The Laws of the Sea with Matt Dianni (Part 1). Jan. 13 2022NSLT Episode: Profiting from Polarization: The Economics of America’s Culture War. Nov. 26 2025The New York Times. "Meta and YouTube Found Negligent in Landmark Social Media Addiction Trial." 25 Mar. 2026
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The Hormuz Chokepoint: Iran’s Broader Strategy at Work with Alamdar Hamdani
As tensions in the Strait of Hormuz disrupt global markets, they reflect a broader set of unconventional strategies Iran has deployed for decades. This week, Elisa sits down with Alamdar Hamdani, former U.S. Attorney for the Southern District of Texas and current partner at Bracewell, to examine how Iran leverages asymmetric tactics—from cyber operations and proxy forces to sanctions evasion and maritime disruption. Together, they explore how these strategies intersect with U.S. national security law, energy markets, and the evolving role of lawyers navigating global instability.Alamdar Hamdani is a partner at Bracewell LLP and previously served as the United States Attorney for the Southern District of TexasReferences:The International Emergency Economic Powers Act (IEEPA)The Material Support StatuteThe Export Administration Regulations (EAR) OverviewThe International Traffic in Arms Regulations (ITAR) Overview"Justice Department Files Action to Protect National Security by Enforcing President’s Order of Chinese Company’s Divestment from U.S. Company." Office of Public Affairs, 10 Feb. 2026NSLT Episode, "Held as Leverage: Iran, Hostage Diplomacy, and the Fight for Release with Kieran Ramsey" March 18 2026.NSLT Episode, "From Pipelines to Prisoners: Security in the Energy Sector with Kieran Ramsey (Part 1)" June 4 2025NSLT Episode, "The Lawless Secrecy of International Shipping with Matthew Campbell (Part 1)" June 23 2022Campbell, Matthew, and Kit Chellel. Dead in the Water: A True Story of Hijacking, Murder, and a Global Maritime Conspiracy. Penguin Random House, 2022
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Held as Leverage: Iran, Hostage Diplomacy, and the Fight for Release with Kieran Ramsey
As tensions with Iran persist, the issue of wrongful detention remains a critical but often overlooked national security concern. This week, Elisa sits down with Kieran Ramsey, former Director of the FBI’s Hostage Recovery Fusion Cell and current Chief Investigative Officer at Global Reach, to examine how countries like Iran use arbitrary detention—and how these cases are tracked and challenged on the global stage. The episode also includes audio from our recent luncheon with journalist Jason Rezaian, who recounts his 544 days of detention in Tehran’s Evin Prison and reflects on how his experience intersects with law, diplomacy, and the human cost of these high-stakes cases. Kieran Ramsey is Chief Investigative Officer at Global Reach, a private company that deals with individuals wrongfully held or taken hostage around the world. References: The Joint Comprehensive Plan of Action (JCPOA) The UN Working Group on Arbitrary DetentionE.O. 14248, Strengthening Efforts to Protect U.S. Nationals from Wrongful Detention AbroadRezaian, Jason. Prisoner: My 544 Days in an Iranian Prison. HarperCollins, 2019
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Russia’s War of Attrition: Massive Losses and Tiny Gains with Seth Jones
Four years into Russia’s invasion of Ukraine, the war has become a slow-moving conflict defined by massive losses and limited gains on the battlefield. This week, Elisa sits down with Seth Jones, President of the Defense and Security Department and Harold Brown Chair at the Center for Strategic and International Studies, to discuss findings from his latest report, Russia’s Grinding War: Massive Losses and Tiny Gains for a Declining Power. Together they examine Russia’s staggering casualty numbers, the slow pace of its advance, and what these trends reveal about Russia’s long-term economic and geopolitical trajectory.Seth Jones is President of the Defense and Security Department and Harold Brown Chair at the Center for Strategic and International Studies (CSIS)References:Report: Jones, Seth G., and Riley McCabe. Russia’s Grinding War in Ukraine: Massive Losses and Tiny Gains for a Declining Power. Center for Strategic and International Studies, 27 Jan. 2026.VideoCast: Are Russia and Ukraine Headed to 2 Million Casualties? CSIS. Jan. 30 2026Stanford University's Global AI Vibrancy ToolThe Warsaw Pact, 1955
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The Anthropic Dispute: Government Authority in the Age of AI with Alan Rozenshtein
A standoff between the Pentagon and one of the world’s leading AI companies is raising new questions about the limits of government authority. This week, Elisa sits down with Alan Rozenshtein, Associate Professor of Law at the University of Minnesota and Research Director at Lawfare, to unpack the dispute between the Department of War and Anthropic over the use of advanced AI tools. Together, they explore whether existing law can compel technology companies to cooperate with national security demands and what the Defense Production Act might mean in the age of artificial intelligence.Alan Rozenshteinis an Associate Professor of Law at the University of Minnesota and Research Director at LawfareReferences:Endrias, Michael, and Alan Z. Rozenshtein. “Pentagon’s Anthropic Designation Won’t Survive First Contact with Legal System.” Lawfare, 2 Mar. 2026.The Defense Production ActDoD Directive 3000.09, “Autonomy in Weapon Systems,” November 21, 2012E.O. 14365, "Ensuring a National Policy Framework for Artificial Intelligence"10 US Code 3252IEEPANSLT, Ep. 392, "Empire AI: OpenAI’s Rise and the Race for Global Power with Karen Hao"NSLT, Ep. 399, "Crash, Bailout, or Breakthrough? The Future of America’s AI Bet"
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Preventing Nuclear Chaos: What Happens if Iran’s Government Falls? with David Albright
As tensions rise and the United States surges military assets into the Middle East, a critical question emerges: what happens to a nuclear program if a government collapses? This week, Elisa sits down with David Albright, founder of the Institute for Science and International Security, to assess the risks surrounding Iran’s nuclear capabilities and the consequences of regime instability. Drawing on historical precedent and insights from his recent op-ed, they examine what sites must be secured, why advance planning is essential, and whether the U.S. and its allies are prepared to prevent sensitive nuclear material from falling into the wrong hands.David Albright is founder and President of the non-profit Institute for Science and International Security in Washington, D.CEVENT: Register for our in-person luncheon on March 5 in Washington, D.C., featuring journalist Jason Rezaian and attorney David Bowker on hostage diplomacy and the wrongful detention of Americans overseas. View the full program here.References:Albright, David, and Andrea Stricker. “The Nuclear Threat After Tehran Falls.” The Wall Street Journal, 2 Feb. 2026.
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The Insurrection Act: History, Authority, and Constitutional Limits with William Banks and Harvey Rishikof
This week, we revisit a foundational conversation on the Insurrection Act, originally recorded in June 2020 with William Banks and Harvey Rishikof. Together, they trace the Act’s history, unpack the scope of presidential authority it confers, explain how it may be invoked, and examine the constitutional principles that should guide its use.William Banks is former Chair of the Standing Committee on Law and National Security Harvey Rishikof is Senior Counselor of the ABA Standing Committee on Law and National SecurityEVENT: Register for our in-person luncheon on March 5 in Washington, D.C., featuring journalist Jason Rezaian and attorney David Bowker on hostage diplomacy and the wrongful detention of Americans overseas. View the full program here.References:The Insurrection ActPosse Comitatus ActBanks, William C., and Stephen Dycus. Soldiers on the Home Front: The Domestic Role of the American Military. Cambridge, MA: Harvard University Press, 2016.Banks, William C. “Providing ‘Supplemental Security’–The Insurrection Act and the Military Role in Responding to Domestic Crises.” Journal of National Security Law & Policy, vol. 3, Dec. 15, 2009
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News Roundup: Foreign Financing, Defense AI, and Synthetic Biology Risks
In this News Roundup, Elisa unpacks the latest AI-driven developments making headlines—from Chinese financing across U.S. energy and data infrastructure to emerging battlefield AI systems and early research raising concerns about AI-generated pathogens. She also examines evolving strategies for powering data centers, the strategic implications of a potential SpaceX–xAI alignment, and how Anthropic’s latest model signals a new phase in the global AI race.EVENT: Register for our in-person luncheon on March 5 in Washington, D.C., featuring journalist Jason Rezaian and attorney David Bowker on hostage diplomacy and the wrongful detention of Americans overseas. View the full program here.References:NSLT Ep. 127, The Insurrection Act Today with William Banks and Harvey RishikofParks, B. C., Zhang, S., Escobar, B., Walsh, K., Fedorochko, R., Vlasto, L., et al. (2025). Chasing China: Learning to Play by Beijing’s Global Lending Rules. Williamsburg, VA: AidData at William & Mary
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Venezuela and the Legal Limits of U.S. Power with Brian Egan
America’s relationship with Venezuela has long been shaped by power, politics, and law, often in uneasy combinations. This week, Elisa Poteat is joined by Brian Egan, partner at Skadden and former State Department Legal Adviser, to examine the legal foundations of U.S. engagement with Venezuela, from maritime interdictions and sanctions to questions of war powers and executive authority. Drawing on history, international law, and recent developments, they explore how past interventions continue to shape today’s national security decisions and what lawyers should be watching for next.Brian Egan is a Partner in National Security, CFIUS, and International Trade at SkaddenReferences:EVENT: Join us for our upcoming luncheon, Hostage Diplomacy and the Rule of Law: The Wrongful Detention of American Citizens, on March 5 at the Army Navy Club in Washington, D.C.UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988UN Convention on the Law of the SeaThe Maritime Drug Law Enforcement ActUN Charter Full TextS.J.Res.98 - A joint resolution to direct the removal of United States Armed Forces from hostilities within or against Venezuela that have not been authorized by Congress.The War Powers ResolutionReuters. “US Approves Possible Sale of Equipment, Services to Shift Peruvian Naval Base.” Reuters, 15 Jan. 2026Nantulya, Paul. "Mapping China’s Strategic Port Development in Africa." Africa Center for Strategic Studies, 10 Mar. 2025
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Building Aligned AI for National Security, with Mike Vaiana
As AI becomes central to national security, alignment itself may introduce new risks. This week, Elisa Poteat is joined by Dr. Michael Vaiana, Research Director at AE Studio, to examine how AI alignment, model testing, and system integration shape both defensive and offensive security capabilities. Together, they explore red teaming, data poisoning, under-researched risks, and what policymakers need to understand about how AI systems behave when deployed at scale.Dr. Michael Vaianais a Research Director at AE StudioReferences:The Dwarkesh Podcast: Ilya Sutskever – We're moving from the age of scaling to the age of research. Nov. 25 2025.
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What the NDAA Says About AI in Defense, with Josh Geltzer (Part 2)
In Part 2 of their discussion, Elisa Poteat and Josh Geltzer look beyond the NDAA to explore how executive authority, outbound investment restrictions, and state-level efforts are shaping the evolving framework for AI regulation and national security.Joshua Geltzer is a Partner at WilmerHale, focusing on artificial intelligence, CFIUS, crisis management, cybersecurity and national security-related litigation.References:The National Defense Authorization Act for Fiscal Year 2026 (Full Text)Geltzer, Joshua A., et al. “What the NDAA Means for AI and Cybersecurity.” WilmerHale, 19 Dec. 2025California SB-53 – Artificial intelligence models: large developers (Full Text)E.O. 14365 – Ensuring a National Policy Framework for Artificial IntelligenceColorado SB24-205 – Consumer Protections for Artificial IntelligenceNY State RAISE ActTexas Responsible Artificial Intelligence Governance Act
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What the NDAA Says About AI in Defense, with Josh Geltzer (Part 1)
The latest National Defense Authorization Act marks a concrete step in how the Department of Defense is beginning to define, assess, and manage the use of artificial intelligence across its operations. This week, Elisa Poteat is joined by Josh Geltzer, partner at WilmerHale and former Deputy Assistant to the President, to break down what the NDAA outlines when it comes to AI governance. Together, they walk through new assessment frameworks and workforce initiatives: what Congress included, what it left out, and what that reveals about how AI is taking shape inside the national security apparatus.Joshua Geltzer is a Partner at WilmerHale, focusing on artificial intelligence, CFIUS, crisis management, cybersecurity and national security-related litigation.References:The National Defense Authorization Act for Fiscal Year 2026 (Full Text)Geltzer, Joshua A., et al. “What the NDAA Means for AI and Cybersecurity.” WilmerHale, 19 Dec. 2025California SB-53 – Artificial intelligence models: large developers (Full Text)Geltzer, Joshua A., et al.“Transparency in Frontier Artificial Intelligence: Act SB-53 California Requires New Standardized AI Safety Disclosures.” WilmerHale Privacy and Cybersecurity Law Blog, 1 Oct. 2025
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394
Anduril’s Christian Brose: A Keynote on AI and the Next Era of Defense
The year ahead points to a new era of technology-driven defense. This week, we share a keynote address from the 35th Annual Review of the Field of National Security Law CLE Conference titled “Arms, AI, and the Future of Defense.” Christian Brose, President and Chief Strategy Officer of Anduril Industries, examines how AI, autonomous systems, and commercial innovation are reshaping the defense ecosystem—and what it will take to sustain military advantage. Following opening remarks by Erik Swabb, moderator Mackenzie Eaglen joins Christian Brose for a wide-ranging discussion on acquisition reform, re-industrialization, the role of private capital, and the evolving dynamics of strategic competition. Keynote remarks by Christian Brose, President and Chief Strategy Officer of Anduril IndustriesModerated byMackenzie Eaglen, Senior Fellow at the American Enterprise InstituteIntroductions by Erik Swabb, Partner at WilmerHaleReferences:Book: Brose, Christian. The Kill Chain: Defending America in the Future of High-Tech Warfare. Grand Central Publishing, 2020. Audio Recordings from the 35th Annual Review of the Field of National Security Law Conference
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393
When Tech Titans Decide: AI, Investment, and U.S. Security Law
A handful of tech billionaires now wield outsized influence over the U.S. economy—and increasingly, over national security itself. This week, Elisa sits down with Justin Sherman, founder and CEO of Global Cyber Strategies and author of Navigating Technology and National Security, to unpack how advanced AI systems, high-powered chips, and global investment flows collide with U.S. security law. Using a provocative hypothetical, they explore the role of export controls, CFIUS, outbound investment screening, and bulk data regulations—and what happens when companies push right up against the boundaries of oversight. Justin Sherman is the founder and CEO of Global Cyber Strategies, a Washington, DC-based research and advisory firm.References:Sherman, Justin. Navigating Technology and National Security: The Intersection of CFIUS, Team Telecom, AI Controls, and Other Regulations. Wiley, 2025.McFaul, Cole, Sam Bresnick, and Daniel Chou. Pulling Back the Curtain on China’s Military-Civil Fusion: How the PLA Mobilizes Civilian AI for Strategic Advantage. Center for Security and Emerging Technology, September 2025. CSET
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392
The AI Arms Race: Expert Perspectives from the National Security Law Conference
Artificial intelligence is reshaping the security landscape faster than policy can keep pace. This week, we bring you a special episode recorded live at the 35th Annual Review of the Field of National Security Law Conference: “The AI Arms Race and National Security Law.” Moderated by Margaret Hu, Professor of Law and Director of Digital Democracy Law at William & Mary Law School, the panel examines how AI is transforming military strategy, cyber operations, and global power competition. Featuring four leading experts in emerging technology, the discussion explores the legal and ethical guardrails needed for autonomous systems, the private sector’s growing role in national defense, and the geopolitical stakes of an AI-driven future.Moderated by Margaret Hu, the Davison M. Douglas Professor of Law Director, Digital Democracy Law, William & Mary Law SchoolFeaturedPanelists:Aaron Cooper, Partner & Founding Co-Chair, Critical & Emerging Technologies Practice, Jenner & Block LLPKat Duffy, Senior Fellow for Digital and Cyberspace Policy, Council on Foreign RelationsJoshua Hodges, Partner, Ridgeline Advocacy GroupWill Hudson, Associate General Counsel, AnthropicReferences:CLE Materials from the 35th Annual Review of the Field of National Security Law ConferenceAudio Recordings from the 35th Annual Review of the Field of National Security Law Conference
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391
Crash, Bailout, or Breakthrough? The Future of America’s AI Bet
What happens when an innovation boom starts to look like a financial bubble? This week, Elisa sits down with Sarah Myers West of the AI Now Institute to examine the mounting evidence that America’s most influential AI firms may be overvalued, overleveraged, and quietly expecting government rescue if profits don’t materialize. Together, they trace the circular flow of investment between chipmakers, cloud providers, and AI developers, explore why growth projections outpace real-world demand, and unpack how national security narratives are being used to justify unchecked expansion.Sarah Meyers West is Co-Executive Director of the AI Now InstituteReferences:The AI Now InstituteOp Ed: Sarah Meyers West and Amba Kak, You May Already Be Bailing Out the AI Business. The Wall Street Journal. Nov 12, 2025.EO on Accelerating Federal Permitting of Data Center InfrastructureEO on Promoting the Export of the American AI Technology StackNBC: "Trump administration drafts an executive order to challenge state AI laws." Jared Perlo. Nov. 19th 2025.WSJ: "Big Tech Is Spending More Than Ever on AI and It’s Still Not Enough." Megan Bobrowsky. Oct. 30th 2025.Bain & Company: "$2 trillion in new revenue needed to fund AI’s scaling trend." Sep 23rd, 2025.NYT: "Silicon Valley’s Man in the White House Is Benefiting Himself and His Friends." Nov. 30 2025The White House Archives: "Remarks by APNSA Jake Sullivan on AI and National Security." The National Defense University. Oct 24 2024.RISE ActNSLT Ep. 380, "Where Energy Policy Is Headed Next with Tyler O’Connor (Part 1)" July 23 2025.
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390
Profiting from Polarization: The Economics of America’s Culture War
Polarization isn’t just a political outcome—it’s an industry. This week, Elisa welcomes Aakaash Rao and Shakked Noy, economists from MIT and Harvard and co-authors of The Business of the Culture War, to explore how shifts in the media business model—from the collapse of local newspapers to the rise of cable news—created powerful incentives to divide audiences. Together, they unpack how networks learned to mobilize viewers through cultural identity issues, what survey data reveals about a dramatic realignment in voter priorities, and why these trends pose urgent questions for policymakers and the future of American democracy.Aakaash Rao is a Ph.D. candidate in Economics at Harvard UniversityShakked Noy is a Ph.D student in Economics at MITReferences: Rao, Aakaash, and Shakked Noy. The Business of the Culture War. Job Market Paper, Harvard University, 2025. NSLT, Ep. 229, Broken News and the Media Rage Machine with Chris Stirewalt The Fairness Doctrine Overview
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389
Foreign Money, American Power: Mapping Washington’s International Lobbying Pipeline with Kenneth Vogel
Washington’s influence economy is bigger—and murkier—than most Americans realize. This week, Elisa sits down with investigative reporter Kenneth P. Vogel to unpack the sprawling web of foreign lobbying revealed in his new book, Devil’s Advocate, tracing how powerful insiders—from Rudy Giuliani to Hunter Biden—became entangled with corrupt foreign interests and why these relationships blur partisan lines. Drawing on history behind the Foreign Agents Registration Act and modern examples of access-brokers operating in plain sight, Vogel exposes the incentives, vulnerabilities, and national-security risks that allow foreign money and influence to move through Washington, often away from public view but never without consequences.Kenneth P. Vogel is a reporter based in the Washington bureau of The New York Times, investigating the intersection of money, politics and influence.References:Vogel, Kenneth P. Devils’ Advocates: The Hidden Story of Rudy Giuliani, Hunter Biden, and the Washington Insiders on the Payrolls of Corrupt Foreign Interests. William Morrow, 2025.Foreign Agents Registration Act (FARA) Overview
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388
Scaling AI: Building Ethics into the Algorithm with Roy Austin
AI is learning from us—but what happens when the data it’s fed carries our deepest biases? This week, Elisa Poteat sits down with Roy Austin, inaugural director of Howard Law School’s Artificial Intelligence Initiative and former Deputy Assistant to the President for Urban Affairs, Justice and Opportunity in the Obama White House, to discuss how law and ethics can keep pace with accelerating innovation. Together, they examine AI’s influence on justice, bias, and national security, the responsibility of major tech companies, and what it will take to prepare the next generation of lawyers for an AI-driven world.Roy Austin is the inaugural director of the Howard Law Artificial Intelligence Initiative, a groundbreaking initiative focused on ethical AI innovation and civil rights law.References:White House Legal Aid Interagency Roundtable. Expanding Access to Justice, Strengthening Federal Programs: First Annual Report of the White House Legal Aid Interagency Roundtable. November 2016.Horwitz, Jeff. “Meta’s AI Rules Have Let Bots Hold ‘Sensual’ Chats with Kids, Offer False Medical Info.” Reuters, 14 Aug. 2025FISA Section 230Doe v. Meta Platforms, Inc. U.S. District Court, N.D. Cal., No. 23-cv-420095, Opinion filed Oct. 17, 2025.
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387
Innovation Without Guardrails: The Rise of OpenAI and the Upcoming National Security Law Conference
As artificial intelligence accelerates, questions about power, privacy, and accountability are more urgent than ever. This week, we revisit our conversation with bestselling author and award-winning AI reporter Karen Hao, whose book Empire of AI reveals how ambition and competition transformed OpenAI from a mission-driven nonprofit into one of the world’s most powerful—and controversial—tech companies.This re-air comes ahead of the 35th Annual Review of the Field of National Security Law CLE Conference, taking place November 13–14 at the Omni Shoreham Hotel in Washington, DC. With the theme “Technology, National Security, and the Law: Keeping Pace with Innovation,” the conference will feature two days of expert discussions on how emerging technologies are reshaping national security.Karen Hao is a bestselling author and award-winning reporter covering artificial intelligence.References:Register Now! The 35th Annual Review of the Field of National Security Law CLE Conference, November 13–14, 2025, with an opening reception on November 12. Agenda: The 35th Annual Review of the Field of National Security Law CLE ConferenceHao, Karen. Empire of AI: Dreams and Nightmares in Sam Altman’s OpenAI. Penguin Press, 2025Section 230 Overview
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386
News Roundup: AI, Energy, and Escalation—Setting the Stage for the National Security Law Conference
This week, Elisa breaks down the latest headlines in national security law as the government shutdown stretches into its fourth week. From Russia’s attacks on eastern Ukraine to the growing energy needs of artificial intelligence, she connects how today’s developments are shaping policy and security. Elisa also covers the recent U.S. military plane crashes in the South China Sea, the evolving conversation around tariffs, and how economic challenges are shaping the outlook for younger Americans. She wraps up with a preview of the 35th Annual Review of the Field of National Security Law CLE Conference—where top experts will unpack the intersection of technology, innovation, and national security law.References:Register Now! The 35th Annual Review of the Field of National Security Law CLE Conference, November 13–14, 2025, with an opening reception on November 12. Register before November 1 for early bird rates.
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385
Previewing the 35th Annual Review of the Field of National Security Law CLE Conference with Stephen Preston
The Standing Committee’s 35th Annual Review of the Field of National Security Law is almost here. This week, Elisa sits down with Standing Committee Chair Stephen Preston to highlight what’s ahead at this year’s conference—taking place November 13–14 in Washington, DC. From keynotes on artificial intelligence and defense innovation to panels exploring ethics, cybersecurity, and private sector engagement, Stephen shares how this year’s program captures the challenges and opportunities of a rapidly changing technological era. Afterwards, Elisa recaps the latest national security headlines—from hostage exchanges and AI investments to international jewelry heists and more.Stephen W. Preston is Partner and Co-Chair of Defense, National Security and Government Contracts Practice at WilmerHale, and chair of the American Bar Association’s Standing Committee on Law and National Security.References:Register Now: 35th Annual Review of the Field of National Security Law CLE Conference, November 13–14, 2025, with an opening reception on November 12. Register before November 1 for early bird rates.Ep. 373, From Pipelines to Prisoners: Security in the Energy Sector with Kieran Ramsey (Part 1)Ep. 392, Empire AI: OpenAI’s Rise and the Race for Global Power with Karen Hao
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384
Empire AI: OpenAI’s Rise and the Race for Global Power with Karen Hao
Once envisioned as a nonprofit dedicated to advancing AI for the benefit of humanity, OpenAI has since become one of the most powerful—and controversial—companies in the world. This week, Elisa Poteat sits down with Karen Hao, author of Empire AI, to examine how ambition, secrecy, and competition reshaped the organization’s mission. From the erosion of trust and safety standards to the looming energy costs of AI’s expansion, they explore what OpenAI’s story reveals about the future of artificial intelligence and the global race for dominance.Karen Hao is a bestselling author and award-winning reporter covering artificial intelligence.References:Hao, Karen. Empire of AI: Dreams and Nightmares in Sam Altman’s OpenAI. Penguin Press, 2025 REGISTER NOW: 35th Annual Review of the Field of National Security Law CLE Conference – November 13–14, 2025, with opening reception on November 12. Register before November 1 for early bird ratesSection 230 Overview
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383
The Shutdown Spiral: Law, Politics, and Public Impact with Max Stier
With hundreds of thousands of federal employees furloughed, the consequences of another government shutdown are hitting home. This week, Elisa is joined by Max Stier, President and CEO of the Partnership for Public Service, to break down how shutdowns became a political tool—and what they cost the American people. Alongside guest host Harvey Rishikof, they discuss the essential vs. nonessential workforce divide, the legal roots of shutdowns, and how this cycle threatens the long-term strength of U.S. institutions.Harvey Rishikof is Senior Counselor of the ABA Standing Committee on Law and National Security Max Stier is the founding president and CEO of the Partnership for Public ServiceReferences:The Partnership for Public ServiceEVENT: Register for the 35th Annual Review of National Security Law CLE Conference, this Nov. 13-14 in Washington, DCThe Hatch Act OverviewBalanced Budget Act of 1997
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382
Tariffs, Sanctions, and the Limits of Emergency Power with Rachel Alpert
Can a sanctions law be used to set trade policy? In this episode, Elisa sits down with Rachel Alpert, former OFAC Chief Counsel and now a Partner at Jenner & Block, to explore how the International Emergency Economic Powers Act (IEEPA) has evolved—and why its use to justify tariffs is drawing scrutiny. Together, they trace the law’s origins, examine the traditional role of OFAC, and discuss the case heading to the Supreme Court that could reshape how tariffs are imposed during national emergencies.Rachel Alpert is a Partner at Jenner & Block, and former Chief Counsel at the US Treasury Department's Office of Foreign Assets Control (OFAC) References:IEEPAThe National Emergencies Act Trading with the Enemy Act Export Administration RegulationsOutbound Investment Security ProgramComprehensive Iran Sanctions, Accountability, and Divestment Act of 2010Section 232 of the Trade Expansion Act of 1962The Major Questions Doctrine
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381
Oil, Gas, and the Shifting Balance of Power with Elaine Levin
From OPEC cartels to U.S. shale revolutions, energy markets have long stood at the center of global power struggles. This week, Elisa is joined by Elaine Levin, energy markets expert and president of Powerhouse, to unpack today’s oil and gas landscape—examining U.S. refining bottlenecks, political pressures on production, and how rising demand from AI, China, and India is reshaping the global energy map.Elaine Levin is President of PowerhouseReferences:The One Big Beautiful Bill ActCalifornia SB-237 NSLT Ep. 196, "News Roundup – Energy Crisis, Switching to Renewables, and Chinese Hypersonic Missiles"NSLT Ep. 386, "Tariffs on Trial: IEEPA and the Limits of Executive Power"Simmons, Matthew R. Twilight in the Desert: The Coming Saudi Oil Shock and the World Economy. Wiley, 2006Disclaimer: This material has been prepared by a sales or trading employee or agent of Powerhouse Brokers LLC, and is, or is in the nature of, a solicitation. This material is not a research report prepared by Powerhouse Brokers, LLC. By accepting this communication, you agree that you are an experienced user of the futures markets, capable of making independent trading decisions, and agree that you are not, and will not, rely solely on this communication in making trading decisions. DISTRIBUTION IN SOME JURISDICTIONS MAY BE PROHIBITED OR RESTRICTED BY LAW. PERSONS IN POSSESSION OF THIS COMMUNICATION INDIRECTLY SHOULD INFORM THEMSELVES ABOUT AND OBSERVE ANY SUCH PROHIBITION OR RESTRICTIONS. TO THE EXTENT THAT YOU HAVE RECEIVED THIS COMMUNICATION INDIRECTLY AND SOLICITATIONS ARE PROHIBITED IN YOUR JURISDICTION WITHOUT REGISTRATION, THE MARKET COMMENTARY IN THIS COMMUNICATION SHOULD NOT BE CONSIDERED A SOLICITATION. The risk of loss in trading futures and/or options is substantial and each investor and/or trader must consider whether this is a suitable investment. Past performance, whether actual or indicated by simulated historical tests of strategies, is not indicative of future results. Trading advice is based on information taken from trades and statistical services and other sources that Powerhouse Brokers, LLC, believes are reliable. We do not guarantee that such information is accurate or complete and it should not be relied upon as such. Trading advice reflects our good faith judgment at a specific time and is subject to change without notice. There is no guarantee that the advice we give will result in profitable trades.
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380
Revisiting FISA Section 702 Debate with Josh Geltzer and Glenn Gerstell
With FISA Section 702 up for reauthorization in 6 months, we’re revisiting the basics of this contested surveillance authority. In this extended episode, Elisa first speaks with Josh Geltzer, former Deputy Assistant to President Biden and Deputy Homeland Security Advisor with the National Security Council, to break down what 702 is and why it’s so controversial. Afterwards, Elisa is joined by Glenn Gerstell, former General Counsel at the National Security Agency, to discuss 702’s value, past reform efforts, and what the future may hold. Note: these conversations were recorded in Fall 2023 and reflect the context of the prior administration.Joshua Geltzer is Partner at WilmerHale, and former Deputy Assistant to President Biden and Deputy Homeland Security Advisor with the National Security CouncilGlenn Gerstell is a Senior Advisor with The Center for Strategic and International Studies (CSIS), and former general counsel of the National Security Agency.References:FISA Section 702 Resource Page (ABA) FISA Section 702 Overview (DNI)Report on the Surveillance Program Pursuant to Section 702 of the Foreign Intelligence Surveillance Act, PCLOB 2023HPSCI FISA Section 702 Report, November 2023E.O. 12333S.3351, FISA Reform and Reauthorization Act of 2023S.1265, Fourth Amendment Is Not For Sale ActH.R. 6570, Protect Liberty and End Warrantless Surveillance Act of 2023
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379
Tariffs on Trial: IEEPA and the Limits of Executive Power
The Supreme Court has agreed to hear the case challenging the use of emergency powers to impose sweeping tariffs—setting the stage for a ruling that could reshape U.S. trade policy. This week, Elisa is joined by David Ross and Kelly Dunbar of Wilmer Hale to break down the Federal Circuit’s recent decision in V.O.S. Selections, Inc. v. Trump. Together, they examine how the International Emergency Economic Powers Act (IEEPA) was invoked in defense of tariffs, the constitutional questions over Congress’s authority to tax and regulate commerce, and why the major questions doctrine may be pivotal as the case moves forward.David J. Ross is Partner and Chair of International Trade, Investment and Market Access Practice Group at Wilmer HaleKelly P. Dunbar is Partner in Government & Regulatory Litigation and Appellate & Supreme Court Litigation Practice Groups at Wilmer HaleReferences:IEEPA Tariff Litigation: What You Need to Know About the Federal Court Decisions Threatening the Trump Administration's Tariff Agenda. V.O.S. Selections, Inc. v. TrumpEO 14193 EO 14194 EO 14195 EO 13257 Tariff Act of 1930, 19 USC 1338(a)Trade Act of 1974,19 USC 2132
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378
The Alaska Summit: Inside Russia’s War and Putin’s Next Chapter with Rob Dannenberg (Part 2)
The aftermath of President Trump’s meeting with Vladimir Putin continues to raise difficult questions. In Part 2 of this two-part episode, Elisa is joined again by Rob Dannenberg—former CIA officer and two-time Moscow Station Chief—to look beyond the summit table. Together, they explore Ukraine’s bold Operation Spiderweb, the controlled flow of information shaping what Russians know about the war, and how long Putin’s hold on power may endure. The conversation closes on a lighter note, as Rob draws from his new cocktail book, A Spy Walked into a Bar: A Practitioner’s Guide to Cocktail Tradecraft.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.References: Dannenberg, Rob. “It’s Time to Show Putin that the U.S. Is Serious.” The Cipher Brief, 24 August 2025. The Cipher Brief.Dannenberg, Rob. A Spy Walked into a Bar: A Practitioner’s Guide to Cocktail Tradecraft. Ci4 Publishing, 21 June 2025 Sanctioning Russia Act of 2025
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377
The Alaska Summit: Trump, Putin, and the Future of Ukraine (Part 1)
Days after President Trump’s meeting with Vladimir Putin, questions remain: what was gained, what was conceded, and what does it mean for Ukraine? In Part 1 of this two-part episode, Elisa is joined by Rob Dannenberg—former CIA officer and two-time Moscow Station Chief—to examine the dynamics of the Alaska summit. They discuss Putin’s shifting demands, Trump’s rejection of a ceasefire in favor of a permanent peace, and the risks of negotiating with one of the world’s most seasoned strongmen. 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.References: Dannenberg, Rob. “It’s Time to Show Putin that the U.S. Is Serious.” The Cipher Brief, 24 August 2025. The Cipher Brief.Dannenberg, Rob.A Spy Walked into a Bar: A Practitioner’s Guide to Cocktail Tradecraft.Ci4 Publishing, 21 June 2025Sanctioning Russia Act of 2025
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376
Ukraine: A History of Constant Invasion with Eugene Rumer (Recast)
In the wake of President Trump and Vladimir Putin’s summit in Alaska, we turn our focus back to the nation that remains central to their agenda—Ukraine. Since the sixth century, Ukraine has been the site of many incursions from the east and west, from Ghengis Khan, to the Ottomans, Swedes, Poles, and more. This week, host Elisa is joined by Russia and Eurasia expert Eugene Rumer to review Ukraine's history of upheaval, what Ukraine's future may hold, and how Putin is shaping its present. Eugene Rumer is Director and Senior Fellow of the Russia and Eurasia Program at the Carnegie Endowment for International PeaceReferences:Senate Hearing: "Disinformation: A Primer in Russian Active Measures and Influence Campaigns, Panel 1" March 30, 2017Eugene Rumer on Active Measures, Senate Testimony. C-SPAN. May 9, 2020
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375
Myanmar’s Rare Earth Frontier: From Rebel Mines to Chinese Markets with Timothy McLaughlin (Part 2)
In Myanmar’s remote Kachin State, a rebel militia now controls one of the world’s most strategic mineral frontiers. In Part 2 of this two-part episode, Elisa and journalist Timothy McLaughlin explore the realities of rare earth mining in the region—from environmental damage and unsafe labor conditions to the steady flow of minerals into China. Together, they unpack how this supply chain is shaping regional power dynamics—and what it reveals about the global race for critical resources.Timothy McLaughlin is a contributing writer at The AtlanticReferences:McLaughlin, Timothy. “A Rebel Army Is Building a Rare-Earth Empire on China’s Doorstep: Myanmar Rebels Gain Control of Mines as U.S. and China Feud over Rare Earths.” Bloomberg, 18 July 2025
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374
Myanmar’s Rare Earth Frontier: Power and Politics Along China’s Border with Timothy McLaughlin (Part 1)
In Myanmar’s remote Kachin State, a rebel militia now controls one of the world’s most strategic mineral frontiers. In Part 1 of this two-part episode, Elisa speaks with journalist Timothy McLaughlin about the Kachin Independence Army’s takeover of the Pangwa region—rich in rare earth minerals vital to wind turbines, electric vehicles, and advanced military systems. Bordering China, this contested territory sits at the intersection of global demand, regional politics, and the fight for control over critical resources.Timothy McLaughlin is a contributing writer at The Atlantic References:McLaughlin, Timothy. “A Rebel Army Is Building a Rare-Earth Empire on China’s Doorstep: Myanmar Rebels Gain Control of Mines as U.S. and China Feud over Rare Earths.” Bloomberg, 18 July 2025,
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373
Where Energy Policy Is Headed Next with Tyler O’Connor (Part 2)
In Part 2 of this two-part episode, Elisa continues her conversation with Tyler O’Connor, Partner at Crowell & Moring and former Energy Counsel to the House Energy & Commerce Committee, to explore the evolving role of the National Defense Authorization Act. Together, they break down how the NDAA is expanding the Department of Energy’s reach, creating new incentives for industrial decarbonization, and strengthening the ties between federal policy and America’s industrial base.Tyler O’Connor is an energy litigator and public policy leader in Crowell & Moring’s Washington, D.C. officeReferences:The One Big Beautiful Bill Act The National Defense Authorization Act for Fiscal Year 2026 (Introduced)The Inflation Reduction Act of 2022IRA: Section 45X Advanced Manufacturing Production CreditClean Energy Investment Tax Credit Clean Electricity Production CreditZero-Emission Nuclear Power Production CreditCHIPS and Science Act The American Recovery and Reinvestment Act of 2009 The Federal Power Act, Section 202c
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372
Where Energy Policy Is Headed Next with Tyler O’Connor (Part 1)
A new wave of energy legislation is changing the incentives–and the direction–of U.S. energy policy. In Part 1 of this two-part episode, Elisa sits down with Tyler O’Connor, Partner at Crowell & Moring and former Energy Counsel to the House Energy & Commerce Committee, to unpack the recently passed “One Big Beautiful Bill.” They discuss how the legislation rolls back key clean energy tax credits, prioritizes traditional energy infrastructure, and could push the private sector to rethink its approach to energy planning, investment, and long-term sustainability.Tyler O’Connor is an energy litigator and public policy leader in Crowell & Moring’s Washington, D.C. officeReferences:The One Big Beautiful Bill Act The National Defense Authorization Act for Fiscal Year 2026 (Introduced)The Inflation Reduction Act of 2022IRA: Section 45X Advanced Manufacturing Production CreditClean Energy Investment Tax Credit Clean Electricity Production CreditZero-Emission Nuclear Power Production CreditCHIPS and Science Act
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