National Security Law Today

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

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"

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.

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

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

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

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.

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

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

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

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

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

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.

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

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

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.

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

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.

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

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