Siege at the Capital – The National Security Law Perspective

National Security Law Today

Following the riot at the U.S. Capitol on January 6th, we spoke with longtime national security professors and practitioners William Banks, Mary DeRosa and Harvey Rishikof about the many different security threats and legal implications of last week's events. This episode references: National Security: Emerging Critical Issues CLE Webinar Series https://cvent.me/BNXmX5 The 25th Amendment https://www.law.cornell.edu/constitution/amendmentxxv Articles of Impeachment introduced in the House https://cicilline.house.gov/sites/cicilline.house.gov/files/documents/ARTICLES%20-%20Final%201030%20-%20011121.pdf Mayor Bowser’s Letter to U.S. Department of Homeland Security Acting Secretary Chad Wolf Regarding Inauguration Preparations https://mayor.dc.gov/release/mayor-bowser%E2%80%99s-letter-us-department-homeland-security-acting-secretary-chad-wolf-regarding 18 USC § 2384, Seditious conspiracy https://www.law.cornell.edu/uscode/text/18/2384 18 USC § 2381, Treason https://www.law.cornell.edu/uscode/text/18/2381 18 USC § 2383, Rebellion or insurrection https://www.law.cornell.edu/uscode/text/18/2383 52 USC § 20511 https://www.law.cornell.edu/uscode/text/52/20511 40 USC § 5104, Unlawful activities [in the United States Capitol Buildings and Grounds] https://www.law.cornell.edu/uscode/text/40/5104 "If Trump pardons himself now, he’ll be walking into a trap" Asha Rangappa, Washington Post, January 8, 2021 https://www.washingtonpost.com/outlook/trump-raffensperger-pardon-prosecute/2021/01/06/a32388fe-4f9d-11eb-bda4-615aaefd0555_story.html FBI Statement Before the House Oversight and Reform Committee. "Confronting White Supremacy" June 4, 2019 https://www.fbi.gov/news/testimony/confronting-white-supremacy "Hate Crimes in U.S. Rose to Highest Level in More Than a Decade in 2019" New York Times, November 16, 2020 https://www.nytimes.com/2020/11/16/us/hate-crime-rate.html "Pelosi asks Joint Chiefs about preventing Trump from launching nukes" Politico, January 8, 2021 https://www.politico.com/news/2021/01/08/pelosi-trump-take-away-nuclear-codes-456529 "Amazon Will Suspend Hosting For Pro-Trump Social Network Parler" Buzzfeed News, January 9, 2021 https://www.buzzfeednews.com/article/johnpaczkowski/amazon-parler-aws "From ‘beautiful’ to ‘disgraceful’: World reacts to Capitol riots" Atlanta Journal-Constitution, January 7, 2021 https://www.ajc.com/news/nation-world/from-beautiful-to-disgraceful-world-reacts-to-capitol-protests/JONZQYHFKZFQ5GKOUP4QHOK2XE/ "Kim Jong Un Calls U.S. North Korea's 'Biggest Enemy,' Vows To Advance Nuclear Arsenal" NPR, January 9, 2021 https://www.npr.org/2021/01/09/955192283/kim-jong-un-calls-u-s-north-koreas-biggest-enemy-vows-to-advance-nuclear-arsenal Past NSLT podcasts on Impeachment https://www.americanbar.org/groups/law_national_security/nslt/20191219-impeachment-national-security-and-the-law/ The Mueller Report https://www.americanbar.org/groups/law_national_security/nslt/20190502-what-have-we-learned-from-the-mueller-report-part1/ Pardons https://www.americanbar.org/groups/law_national_security/nslt/20201203-pardons-clemency1/ Domestic Terrorism https://www.americanbar.org/groups/law_national_security/nslt/20210107-domestic-terrorism/ The Insurrection Act https://www.americanbar.org/groups/law_national_security/nslt/20200605-insurrection-act/ William Banks is a professor at Syracuse Law School and the Chair of the ABA Standing Committee on Law and National Security http://law.syr.edu/profile/william-banks1 Mary DeRosa is a professor at Georgetown University Law Center and the Chair of the Advisory Committee https://www.law.georgetown.edu/faculty/mary-b-derosa/ Harvey Rishikof is the Director of Policy and Cyber Security Research at the University of Maryland ARLIS and the Senior Counselor to the Committee https://www.aspeninstitute.org/our-people/harvey-rishikof/