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National Insecurity: Is the Law the Enemy's Weapon? - Event Audio/Video

2015 National Security Symposium
Andrew C. McCarthy May 22, 2015

The Federalist Society's International & National Security Law Practice Group presented this luncheon address during the 2015 National Security Symposium on April 29 in Washington, D.C.

Luncheon Address: "National Insecurity: Is the Law the Enemy's Weapon?"
11:45 a.m. - 1:00 p.m.

  • Andrew C. McCarthy, Senior Fellow, National Review Institute

April 29, 2015
Washington, DC

Are We @Cyberwar, and If So, How Should We Fight It? - Event Audio/Video

2015 National Security Symposium
Stewart A. Baker, Eric Jensen, Catherine B. Lotrionte, John C. Yoo, Jeremy A. Rabkin May 22, 2015

The Federalist Society's International & National Security Law Practice Group presented this panel during the 2015 National Security Symposium on April 29 in Washington, D.C.

Panel II: "Are We @Cyberwar, and If So, How Should We Fight It?"
10:30 a.m. - 11:45 a.m.

Several significant cyber incidents, including the recent Sony hack, have been attributed to nation-states or groups closely associated with nation-states.  The Intelligence Community's most recent Worldwide Threat Assessment predicts "an ongoing series of low-to-moderate level cyber attacks from a variety of sources over time, which will impose cumulative costs on U.S. economic competitiveness and national security."  It identifies Russia, China, Iran and North Korea as Threat Actors.  An expert panel will analyze whether any cyber incidents should be considered acts of war, whether U.S. responses be governed by the Law of Armed Conflict, what kinds of incidents warrant responses, and what those responses might be.

  • Hon. Stewart A. Baker, Partner, Steptoe & Johnson LLP, former Assistant Secretary of Policy, Department of Homeland Security, and former General Counsel, National Security Agency
  • Prof. Eric Talbot Jensen, Brigham Young University Law School, and former Chief, International Law, Office of The Judge Advocate General, U.S. Army
  • Catherine B. Lotrionte, Director, CyberProject, School of Foreign Service, Georgetown University, and former former Counsel to the President's Foreign Intelligence Advisory Board, former Assistant General Counsel, Office of General Counsel, Central Intelligence Agency
  • Prof. John C. Yoo, Emanuel S. Heller Professor of Law, University of California Berkeley School of Law, former Deputy Assistant U.S. Attorney General, Office of Legal Counsel
  • Moderator: Prof. Jeremy A. Rabkin, George Mason University School of Law

April 29, 2015
Washington, DC

How to Manage the Intelligence Community - Event Audio/Video

2015 National Security Symposium
Dean A. Reuter, Michael Allen, Eli Lake, Benjamin Powell, Matthew R.A. Heiman May 22, 2015

The Federalist Society's International & National Security Law Practice Group presented this panel during the 2015 National Security Symposium on April 29 in Washington, D.C.

Welcome and Introduction
8:55 a.m.

  • Dean A. Reuter, Vice President and Director of Practice Groups, The Federalist Society

Panel I: "How to Manage the Intelligence Community"
9:00 a.m. - 10:15 a.m.

Since September 11, 2001, the intelligence community has been at the center of key national security events including the wars in Iraq and Afghanistan, the hunt for Osama Bin Laden and other key terrorism figures, leaks by Edward Snowden, and disclosures about the CIA's rendition program. During that same period of time, the management of the intelligence community has been reformed, executive agencies have reorganized themselves to better interact with the intelligence community, and most recently, the CIA has announced a fundamental reorganization of its key functions. Our panel will consider how the government can best manage the intelligence community. We will discuss the role of Congressional oversight, the ability to demand accountability, whether the current structure of the intelligence community is optimal, and if effectiveness measures can be applied to intelligence work.

  • Michael Allen, Managing Director, Beacon Global Strategies LLC, former Majority Staff Director, House Permanent Select Committee on Intelligence, and former Special Assistant to the President and Senior Director for Counter-proliferation Strategy
  • Eli Lake, Columnist, Bloomberg View
  • Hon. Benjamin A. Powell, Partner, WilmerHale LLP, and former General Counsel to the Director of National Intelligence
  • Moderator: Matthew R.A. Heiman, Vice President, Chief Compliance & Audit Officer, Tyco

April 29, 2015
Washington, DC

The “Hecklers’ Veto” - Podcast

Free Speech & Election Law Practice Group Podcast
Zuhdi Jasser, Nina Shea, Eugene Volokh March 13, 2015

Two American Muslim professors have been targeted by ISIS for criticizing the Charlie Hebdo attacks. The Organization of Islamic Cooperation has redoubled efforts to criminalize expressions of “Islamophobia” in Western nations. The most recent Intelligence Squared debate revealed heightened concern about restrictive speech codes on American campuses (e.g., the blacklisting of distinguished speakers who are labeled controversial by some people). What speech is, and what speech should be, protected in these and other contexts?

  • Dr. M. Zuhdi Jasser, Founder and President, American Islamic Forum for Democracy
  • Nina Shea, Senior Fellow and Director, Center for Religious Freedom, Hudson Institute
  • Prof. Eugene Volokh, Gary T. Schwartz Professor of Law, UCLA School of Law

America In Retreat: The New Isolationism and the Coming Global Disorder - Podcast

International & National Security Law Practice Group Podcast
Bret Stephens December 19, 2014

In December 2011 the last American soldier left Iraq. “We’re leaving behind a sovereign, stable, and self-reliant Iraq,” boasted President Obama. He was proved devastatingly wrong less than three years later as jihadists seized the Iraqi city of Mosul. The event cast another dark shadow over the future of global order—a shadow, which, Bret Stephens, Deputy Editorial Page Editor and Foreign Affairs Columnist for The Wall Street Journal, argues, we ignore at our peril.

America in Retreat: The New Isolationism and the Coming Global Disorder identifies a profound crisis on the global horizon. As Americans seek to withdraw from the world to tend to domestic problems, America’s adversaries spy opportunity. Vladimir Putin’s ambitions to restore the glory of the czarist empire go effectively unchecked, as do China’s attempts to expand its maritime claims in the South China Sea, as do Iran’s efforts to develop nuclear capabilities. Civil war in Syria displaces millions throughout the Middle East while turbocharging the forces of radical Islam. Long-time allies such as Japan, Saudi Arabia, and Israel, doubting the credibility of American security guarantees, are tempted to freelance their foreign policy, irrespective of U.S. interests.

Mr. Stephens argues for American reengagement abroad. He explains how military intervention in Iraq and Afghanistan was the right course of action, foolishly executed. He traces the intellectual continuity between anti-interventionist statesmen such as Henry Wallace and Robert Taft in the late 1940s and Barack Obama and Rand Paul today. And he makes an unapologetic case for Pax Americana, “a world in which English is the default language of business, diplomacy, tourism, and technology; in which markets are global, capital is mobile, and trade is increasingly free; in which values of openness and tolerance are, when not the norm, often the aspiration.”

In a chapter imagining the world of 2019, Mr. Stephens shows what could lie in store if Americans continue on their current course. Yet we are not doomed to this future. Mr. Stephens makes a passionate rejoinder to those who argue that America is in decline, a process that is often beyond the reach of political cures. Instead, we are in retreat—the result of faulty, but reversible, policy choices. By embracing its historic responsibility as the world’s policeman, America can safeguard not only greater peace in the world but also greater prosperity at home.

  • Bret L. Stephens, Deputy Editorial Page Editor, Foreign Affairs Columnist, The Wall Street Journal