National Security Cases in Federal Court – 6711
This two-credit, upper division seminar will impart to students a good understanding of the unique investigative and legal tools and concerns that come up in the investigation and trial of national security cases (terrorism and espionage) in federal district court. At our first seminar session we will discuss the dynamics of terrorism, or, put differently, what do terrorists want and why do they believe terrorism is the way to obtain it? The seminar will then move sequentially through the investigative, pre-trial, and trial stages of a national security case, with each seminar session devoted to a specific topic, including the Foreign Intelligence Act, the Classified Information Procedures Act, custodial interrogation in the national security context, and the operations of US law enforcement agents and prosecutors in foreign countries. The last two sessions will be devoted to an in-class simulation. Students will consider a rapidly-unfolding terrorist incident from the perspectives of investigators, prosecutors, defense attorneys, and judges, and will bring together everything they have learned in the seminar to accurately analyze and act upon the facts as they come in.
This seminar is taught by a federal prosecutor with experience in national security cases. Grades will be based on a final paper. A final paper that meets the criteria of Rule 5.4(a)(i) will satisfy the Law School’s upper division writing requirement. A final paper grade may be adjusted upwards by half a grade for exceptionally good class participation.