Professor William Banks is the Chair of the ABA Standing Committee on Law and National Security Advisory Committee and a Distinguished Professor and Emeritus Professor at the Syracuse University College of Law and the Maxwell School of Citizenship and Public Affairs. He is the author of several constitutional, national security, and counterterrorism law textbooks and the founder of the Syracuse Institute for National Security and Counterterrorism (now the Syracuse Institute of Security Policy and Law).
Harvey Rishikof is a Visiting Professor at Temple University Beasley School of Law and the Director of Policy and Cyber Security Research at the University of Maryland Applied Research Laboratory For Intelligence and Security, and the Senior Counselor to the ABA Standing Committee on Law and National Security
This episode references:
- The Insurrection Act 10 USC Section 251-253
- Posse Comitatus Act 18 USC Section 1385
- William Banks, Stephen Dycus “Soldiers on the Home Front: The Domestic Role of the American Military”
- William Banks “Providing “Supplemental Security” – The Insurrection Act and the Military Role in Responding to Domestic Crises,” Journal of National Security Law and Policy, December 2009
- William Banks, Stephen Dycus “Martial Law Would Sweep the Country Into a Great Legal Unknown” The Atlantic, March 27, 2020
- Calling Forth Act of 1792
- Stephen Vladeck, “Emergency Power and the Militia Acts” Yale Law Journal, October 2004.
- Executive Order 10730, Executive Order 11053, Executive Order 12804
- Letter from DC Mayor Muriel Bowser to President Trump
- “Federal Plan to Control DC Protests Taps 7,600 Personnel” Bloomberg News, June 4, 2020.
- Report of the Independent Commission on the Los Angeles Police Department (Christopher Commission Report)
- “U.S. Troops Went to the Border in 1997. They Killed an American Boy.” New York Times, November 27, 2018
- “Ex-defense chief Mattis rips Trump for dividing Americans” AP, June 3, 2020
- “Troops should not be used as law enforcement against protesters, Esper says” Military Times, June 3, 2020
- William Banks, Stephen Dycus, Peter Raven Hansen, Stephen Vladeck “National Security Law (Aspen Casebook) 7th Edition”
- Samuel Huntington “The Soldier and the State”
- Charles Dunlap "Mobilizing the military for domestic operations: some legal considerations" Lawfire, June 2, 2020