Articles by Mark Zaid
The Case for Imposing Costs on China’s AI Distillation Campaigns
U.S. policy circles reacted with a mixture of alarm and confusion when Chinese AI company DeepSeek released its open-source “R1” model in January 2025. R1 appeared to deliver reasoning capabilities competitive with OpenAI’s o1 at a reported training cost of roughly $6 million—a fraction of the investments made by leading U.S. laboratories. That apparent efficiency gap set off intense debate about whether China had found a fundamentally superior approach to AI development.
Transitional Justice in Syria: Domestic-Led Accountability Efforts Cannot Function in Isolation
The conflict in Syria is one of the most documented in modern history. From citizen journalists to local activists, international NGOs to official investigative mechanisms, the amount of information collected on war crimes and crimes against humanity during the conflict is unprecedented. For years, however, the avenues for turning this documentation into tangible action for accountability remained extremely limited.
"Cover-Up": An Engaging Documentary on What it Takes to Expose CIA Misdeeds
Hersh in The New York Times Washington bureau in 1975. (NYT via Netflix) TO THOSE OF A CERTAIN AGE, the legendary investigative reporter and Pulitzer Prize winner Seymour Hersh needs no introduction, but there may be many young journalists, not to mention casual news readers, who have never heard of him. Hersh is back in the news recently, but not because of any new blockbuster story..
Trump is dismantling the system that guards against government malfeasance
In 2019, we represented an anonymous whistle-blower from the American intelligence community whose disclosures about President Trump's attempt to coerce President Volodymyr Zelensky of Ukraine led to his first impeachment. Our goals as lawyers were simple: to ensure that the truth came out and our client was safe from retaliation.
Trump Takes on Whistle-Blowers Original
In 2019, we represented an anonymous whistle-blower from the American intelligence community whose disclosures about President Trump's attempt to coerce President Volodymyr Zelensky of Ukraine led to his first impeachment. Our goals as lawyers were simple: to ensure that the truth came out and our client was safe from retaliation.
Post-Trump Shooting, the Government Is Allowing Conspiracy Theories to Flourish - The New York Times Original
You have a preview view of this article while we are checking your access. When we have confirmed access, the full article content will load. Guest Essay July 23, 2024 By Gerald Posner and Mark S. Zaid Mr. Posner is the author of books about the assassinations of President John F. Kennedy (“Case Closed”) and Martin Luther King Jr. (“Killing the Dream”).
Government Secrets at Trial on Apple Podcasts
A quick trial date has been set in Donald Trump’s classified documents case, but will that date hold and how will the court keep government secrets safe? MSNBC legal analysts Andrew Weissmann and Mary McCord dig into that – and also welcome a special guest.
Biden's Classified Documents Should Have No Impact on Trump's Legal Jeopardy
Given the facts as they are now known, only the most superficial parallel can be drawn between the two situations. By Donald Ayer, Mark S.
The Legal Geeks: Review of She-Hulk Attorney at Law
Can one lawyer encourage another to become a vigilante and not get disbarred? What questions should be asked during the client interview for someone asking if they have a product defect claim? Join our panel of attorneys for their legal analysis and more of She-Hulk: Attorney at Law, episode "Ribbit and Rip it!" Support the show No part of this recording should be considered legal advice. Follow us on Facebook, Instagram, Twitter, YouTube, and TikTok @TheLegalGeeks
The Legal Geeks: Review of She-Hulk: Attorney at Law
It's Bridesmaids on She-Hulk! Is Mr. Immortal a Bigamist? Did Jen act in Self-Defense against Titania or Mutual Combat? Join our panel of lawyers for their legal analysis. Support the show
The Legal Geeks: Review of She-Hulk Attorney at Law
It is time for intellectual property! Could Titania sue Jennifer Walters to not use the name She-Hulk? For this complex answer, we have two guest stars: Gregory Pang, who is an IP attorney in Canada, and Marc Hershon, from the Succotash Show, who is a Senior Manager of Naming and Verbal Identity at one of the biggest branding & design studios in the world.
The Legal Geeks: Review of She-Hulk Attorney at Law
Court is in session for our review of She-Hulk, Attorney at Law, episode 3, "The People vs Emil Blonsky." Were the conditions of Blonsky's parole legal? Could a lawsuit for fraud be done in 48 hours? Join our panel of lawyers for their analysis of parole hearings, liability for prison breaks, false impersonation, diplomatic immunity, motions to dismiss, and how much time a lawsuit actually takes to get a hearing date or go to trial. Support the show
The Legal Geeks: Review of She-Hulk Attorney at Law
What are the requirements for a lawyer to have a conflict of interest? Did Jennifer Walters have any legal recourse for being fired from the District Attorney's Office? Just what is the true villain in this legal comedy? Join our panel of attorneys for their legal analysis (purely for entertainment) of She-Hulk, Attorney at Law, Episode 2. Support the show
The Lawfare Podcast: The JFK Assassination Documents, with Gerald Posner and Mark Zaid
Published by The Lawfare Institute in Cooperation With President Biden recently authorized the release of almost 1,500 documents related to the JFK assassination. But ten times that number still have had their release deferred. What might be in them? What's holding them back from release? And how did we get here? David Priess spoke with journalist and bestselling author Gerald Posner, who wrote the Pulitzer finalist “Case Closed: Lee Harvey Oswald and the Assassination of John F.
Beck v. Department of Defense
Beck v. Department of Defense Plaintiff: John Michael Beck Defendant: Department of Defense Case Number: 1:2021cv03249 Filed: December 22, 2021 Court: US District Court for the District of Maryland Presiding Judge: Lydia Kay Griggsby Nature of Suit: Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision Cause of Action: 05 U.S.C. § 0701 Jury Demanded By: None RSS Track this Docket Docket Report This docket was last retrieved on December 22, 2021.
Democrats' pick for top staffer on the January 6 Capitol attack probe sends an ugly message to potential witnesses
The staff director on the House select committee for the January 6 Capitol attack was found to have retaliated against a whistleblower. By including a reprising official, House Democrats undermine whistleblower protections and signal that their support for whistleblowers is just a partisan manuever. Mark S. Zaid is a Washington, DC, national security attorney. Loading Something is loading.
Perspective | The U.S. government can’t sue someone just for making Melania Trump look bad
The U.S. government, on behalf of every citizen of the nation, has filed an unprecedented lawsuit against a former friend of first lady Melania Trump for publishing a scathing tell-all book last month. This is just the latest move by the Trump family to try to turn the Justice Department into its own private law firm to silence those who speak critically of the Trumps.
As Trump and Willam Barr Try to Undo His Work, It’s Robert Mueller Time
Former Special Counsel Robert Mueller has stayed out of the limelight since completing his work last year by submitting an exhaustive report on the details of the Russia probe and presidential obstruction, and giving testimony before Congress.
As Trump and Willam Barr Try to Undo His Work, It’s Robert Mueller Time
Former Special Counsel Robert Mueller has stayed out of the limelight since completing his work last year by submitting an exhaustive report on the details of the Russia probe and presidential obstruction, and giving testimony before Congress.
Commentary: Trump is waging war on our inspectors general. Congress needs to choose a side.
President Donald Trump's purge of our nation's inspectors general is a crisis. It is a crisis that has a direct impact on the health and safety of all Americans, as well as the democratic protections that keep us from slipping into corruption. Alarm bells should be going off everywhere. We learned last week that Trump reportedly plans to install up to seven inspectors general as part of a wider "purge" within the federal government.
Trump's purge of inspectors general is a crisis. Alarm bells should be going off everywhere.
Michael Atkinson, inspector general for the intelligence community, arrives at the U.S. Capitol in Washington for closed-door questioning on Oct. 4, 2019. (J. Scott Applewhite/AP) The authors, who assisted the anonymous intelligence community whistleblower on the Ukraine matter, are affiliated with Whistleblower Aid, which provides pro bono legal representation. President Trump's purge of our nation's inspectors general is a crisis.
Opinion | We Represented the Whistle-Blower. The Law Needs Urgent Help.
Future whistle-blowers must be persuaded that while there are always risks, the system can protect them. By Andrew P. Bakaj and Mark S. Zaid Mr. Bakaj and Mr. Zaid represented the intelligence community whistle-blower. March 1, 2020 A woman protesting outside a Donald Trump Jr, book promotion event on the UCLA campus in California last November. Whistle-blowers are needed now more than ever. They must be persuaded that while there are always risks, the system can protect them.
Whistleblower's lawyers: It is outrageous for President Trump to claim our client engaged in treason
Our client's whistleblower complaint about President Donald Trump's efforts to solicit interference from Ukraine in the 2020 U.S. election was publicly released a month ago, and since then, speculation about the whistleblower's identity has only increased. As each allegation in the complaint is substantiated by new witnesses, the president and his supporters remain fanatically devoted to bringing our client into the spotlight.
The Whistleblower's Identity Is No Longer Relevant
Andrew Bakaj & Mark Zaid, Washington Post October 26, 2019 Our client’s whistleblower complaint about President Trump’s efforts to solicit interference from Ukraine in the 2020 U.S. election was publicly released a month ago, and since then, speculation about the whistleblower’s identity has only increased. As each allegation in the complaint is substantiated by new witnesses, the president and his supporters remain fanatically devoted to bringing our client into the spotlight.
Andrew P. Bakaj and Mark S. Zaid: Whistleblower’s identity is no longer relevant
By Andrew P. Bakaj and Mark S. Zaid Special to the Washington Post Our client’s whistleblower complaint about President Donald Trump’s efforts to solicit interference from Ukraine in the 2020 U.S. election was publicly released a month ago, and since then, speculation about the whistleblower’s identity has only increased. As each allegation in the complaint is substantiated by new witnesses, the president and his supporters remain fanatically devoted to bringing our client into the spotlight.
Whistleblower attorneys Andrew Bakaj and Mark Zaid: Our client's identity is no longer relevant
Our client’s whistleblower complaint about President Trump’s efforts to solicit interference from Ukraine in the 2020 U.S. election was publicly released a month ago, and since then, speculation about the whistleblower’s identity has only increased. As each allegation in the complaint is substantiated by new witnesses, the president and his supporters remain fanatically devoted to bringing our client into the spotlight. But the reality is that the identity of the whistleblower is irrelevant.
Thread by @MarkSZaidEsq: "WBer NEWS ALERT: 1/Our legal team offered GOP direct opportunity to ask written questions of . Recent GOP messaging, led by Pr […]" #whistleblower #WBer #whistleblowers #Benghazi
2/Despite long standing policy of HPSCI to protect #whistleblowers , especially anonymity (btw, this was consistent with my efforts w/GOP on #Benghazi ), GOP has sought to expose our client's identity which could jeopardize their safety, as well as that of their family.
Trump can give anyone he wants a security clearance - but Congress can ask why
President Donald Trump directed his chief of staff in 2017 to award Jared Kushner a top-secret security clearance, overruling career officials who deemed the senior adviser and presidential son-in-law unworthy of eligibility access to that level of classified information, both the New York Times and The Washington Post reported on Thursday. The reaction has been swift and fierce, especially from Democrats on Capitol Hill.
Trump can give anyone he wants a security clearance - but Congress can ask why | Opinion
President Donald Trump directed his chief of staff in 2017 to award Jared Kushner a top-secret security clearance, overruling career officials who deemed the senior adviser and presidential son-in-law unworthy of eligibility access to that level of classified information, both the New York Times and The Washington Post reported on Thursday. The reaction has been swift and fierce, especially from Democrats on Capitol Hill.
Perspective | Trump can give anyone he wants a security clearance — but Congress can ask why
President Trump directed his chief of staff in 2017 to award Jared Kushner a top-secret security clearance, overruling career officials who deemed the senior adviser and presidential son-in-law unworthy of eligibility access to that level of classified information, both the New York Times and The Washington Post reported on Thursday. The reaction has been swift and fierce, especially from Democrats on Capitol Hill. House Oversight Committee Chairman Elijah E.
Trump can give anyone he wants a security clearance - but Congress can ask why
David Priess and Mark S. Zaid, The Washington Post Published 4:42 pm CST, Saturday, March 2, 2019 President Donald Trump directed his chief of staff in 2017 to award Jared Kushner a top-secret security clearance, overruling career officials who deemed the senior adviser and presidential son-in-law unworthy of eligibility access to that level of classified information, both the New York Times and The Washington Post reported on Thursday.
Perspective | Cliff Sims worked for the White House. Now Trump wants to silence him.
Last month, my client Cliff Sims published the latest account from a former Trump White House insider. Although the truthful descriptions of some senior White House officials could be characterized as unflattering, the book, “Team of Vipers,” is quite sympathetic to President Trump, for whom Sims worked in the White House and during the 2016 campaign. It describes a somewhat chaotic atmosphere where the president unfortunately receives and listens to bad advice from self-interested aides.
30 Years After the Pan Am Lockerbie Bombing, Still Searching for Justice
December 21 is the 30th anniversary of the terrorist bombing of Pan Am Flight 103 over Lockerbie, Scotland. A week before the anniversary, the FBI launched an online media campaign, both through tweets and videos, announcing that it has not forgotten the tragedy that claimed 270 victims, 189 of them Americans.
Trump Wants to Polygraph His Own Staff. That’s Nuts.
Since Wednesday afternoon, when the New York Times published an incendiary op-ed by an anonymous senior Trump administration official—one in which the author admits to “working diligently from within to frustrate parts of [the president’s] agenda and his worst inclinations”—the White House has been in a panicked hunt for its author.
Perspective | The Constitution won’t let Trump silence White House aides
President Trump appears to be quite agitated about a tell-all book released this week by former senior adviser Omarosa Manigault Newman. “Wacky Omarosa already has a fully signed Non-Disclosure Agreement,” the president tweeted Monday. (He would go on to call her “that dog” Tuesday morning.) Part of the outrage on the president’s part seems to be over Manigault Newman breaking what Trump saw as a promise not to talk about her time working for him.
Opinion | Robert Mueller’s Last Resort
Op-Ed Contributor By John N. Tye and Mark S. Zaid Mr. Tye and Mr. Zaid started the nonprofit legal group Whistleblower Aid. April 25, 2018 It’s a nightmare scenario, but it’s not hard to imagine: President Trump, growing tired of the Russia investigation as it closes in on him, fires Robert S. Mueller III and moves to dismantle the Office of Special Counsel. This would be a serious assault on the rule of law in the United States.
The Rob Porter mess reveals a broken White House, not a broken security process
The more information that emerges, the deeper the hole the White House digs. Senior aides had many opportunities to make better decisions on Porter. The questions plaguing the White House in the wake of Rob Porter’s resignation over credible domestic abuse allegations from two ex-wives are the usual: who-knew-what-when, and whether officials deliberately ignored security warnings and retained Porter for political reasons.
The Rob Porter mess reveals a broken White House, not a broken security process
The more information that emerges, the deeper the hole the White House digs. Senior aides had many opportunities to make better decisions on Porter. The questions plaguing the White House in the wake of Rob Porter’s resignation over credible domestic abuse allegations from two ex-wives are the usual: who-knew-what-when, and whether officials deliberately ignored security warnings and retained Porter for political reasons.
The Adventures of Intel in Trumpland - War on the Rocks
The Adventures of Intel in Trumpland Weeks before Donald Trump took office, Ryan convened a group of professionals from in and around the intelligence community to talk about the incoming president’s approach to intel (“He’s Just Not That Into You: Trump, Intel, and the American Presidency“). In today’s episode, Ryan brought the same group of people together (minus one). Tune in to hear Carmen Medina, Mark Stout, and Mark Zaid chat (over drinks, of course) about how the president has done so far.
Reality Winner isn’t a whistleblower, or a victim of Trump’s war on leaks
When Reality Leigh Winner was arrested last week under the Espionage Act for allegedly removing classified information from a government facility and mailing it to a news outlet, opponents of the Trump administration were quick to be alarmed.
Reality Winner isn’t a whistleblower or victim
When Reality Leigh Winner was arrested last week under the Espionage Act for allegedly removing classified information from a government facility and mailing it to a news outlet, opponents of the Trump administration were quick to be alarmed.
Perspective | Reality Winner isn’t a whistleblower — or a victim of Trump’s war on leaks
Opposing Trump doesn't mean disclosing classified information is okay. Mark S. Zaid is a Washington lawyer who specializes in national security matters. June 8, 2017 When Reality Winner was arrested last week under the Espionage Act for allegedly removing classified information from a government facility and mailing it to a news outlet, opponents of the Trump administration were quick to be alarmed.
New Case Proves Intelligence Community Whistleblowers Have Protections
NSA headquarters, Ft. Meade, Md. In December, Adm. Mike Rogers, director of the NSA, placed the agency’s Inspector General (IG), Dr. George Ellard, on administrative leave and recommended he be removed from his position after an investigation into whether he retaliated against a whistleblower was conducted by a panel of IGs at the CIA, Treasury and Justice Department. The news was first reported by the Project on Government Oversight and confirmed by the Associated Press (AP).
He's Just Not That Into You: Trump, Intel & the American Presidency
One thing is clear about President-elect Donald Trump: He is skeptical of the U.S. intelligence community. With the aid of a bottle of bourbon, War on the Rocks assembled a top-notch group of experts to talk about what Trump means for the intelligence community.
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