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 Security

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:

• The Insurrection Act
• Posse Comitatus Act
• Banks, 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 Rishikof
• Parks, 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 Skadden

References:

• 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, 1988
• UN Convention on the Law of the Sea
• The Maritime Drug Law Enforcement Act
• UN Charter Full Text
• S.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 Resolution
• Reuters. “US Approves Possible Sale of Equipment, Services to Shift Peruvian Naval Base.” Reuters, 15 Jan. 2026
• Nantulya, Paul. "Mapping China’s Strategic Port Development in Africa." Africa Center for Strategic Studies, 10 Mar. 2025