National Security Cases in Federal Court – 6711

Spring 2018
John Docherty ’86

This two-credit seminar will impart to students a good understanding of the unique investigative tools used by federal law enforcement in the investigation of national security cases, and of the ways the federal courts have adapted to the challenge of terrorism and espionage cases.  Moving in chronological succession through a national security case, from investigation, to charging and trial, the seminar will cover the Foreign Intelligence Surveillance Act, the Classified Information Procedures Act, the relationship between the intelligence services and law enforcement, overseas operations by United States law enforcement agencies, and custodial interrogation of suspects in the national security context.  In the seminar’s last two class sessions, students will participate in a simulation of a developing terrorist incident, at times adopting the perspective of investigators, defense lawyers, prosecutors, or judges.

The seminar has no prerequisites or co-requisites.  However, in the section of the seminar on custodial interrogation, students who have not completed Criminal Procedure will have to read two additional cases that students who have completed Criminal Procedure will not have to read.

The final grade will be based 50% on a final paper, 25% on class participation, and 25% on the student’s best two grades on three in-class quizzes.  Each student is required to submit a final paper that meets the criteria of the University of Minnesota Law School’s Academic Rule 5.4(a)(i) will satisfy the Law School’s Upper Division Writing Requirement.