Scott R. Anderson is a fellow in Governance Studies at the Brookings Institution and a Senior Fellow in the National Security Law Program at Columbia Law School. He previously served as an Attorney-Adviser in the Office of the Legal Adviser at the U.S. Department of State and as the legal advisor for the U.S. Embassy in Baghdad, Iraq.
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The indictment sets out the most serious criminal charge yet used against any of the Capitol rioters, but it also shows the limits of the criminal law in responding to Jan. 6.
The U.S. District Court for the Southern District of New York has held that the 2019 Promoting Security and Justice for Victims of Terrorism Act (“PSJVTA”)—successor to the 2018 Anti-Terrorism Clarification Act—cannot subject the Palestinian Authority or Palestine Liberation Organization to the personal jurisdiction of federal courts for the purposes of terrorism-related civil liability, as the means by which it purports to secure their consent to such jurisdiction are in violation of the Fifth Amendment’s Due Process Clause.
The oral argument took hours. The result is not hard to predict.
On this week’s episode, Alan, Quinta and Scott are joined by the fourth member of their Lawfare senior editor quartet, Brookings Institution Senior Fellow (and first-time Rational Security guest) Molly Reynolds!
On this premiere episode of Rational Security 2.0, the new crew of co-hosts—Alan Rozenshtein, Quinta Jurecic and Scott R. Anderson—bring the deposed Benjamin Wittes (and his accomplice Siri) back to the virtual jungle studio, bound and gagged, for a show trial over the crimes of the last regime.
This isn’t the first time that the United States has had to reconsider its relationship with a resurgent Taliban—or a chaotic and uncertain Afghanistan.
On Thursday, August 19 at 1:00 p.m. EST, the Lawfare Podcast hosted a live panel of individuals working to evacuate vulnerable Afghans from Kabul’s international airport to learn about the state of their efforts and what still needs to be done.