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Terrorism

Foreign Government Partnerships

International & National Security Law Practice Group Teleforum Thursday, March 09, 02:00 PMFederalist Society Teleforum Conference Call

Historically, protecting national security meant protecting one’s own citizens and sovereign territory from the threats or opposing interests of other nation-states. The concept has broadened, however, as transnational terrorists act with unprecedented scale and range: the threats they pose are of a magnitude previously only possible for nation-states, and they act indiscriminately among the several countries they feel justified in attacking. The United States’ interest in defeating these actors, then, is one that is shared by many other countries that are not necessarily our allies in a larger sense.

In this the final episode of our three-part Security Partnership Series, we will discuss the benefits and limits of partnerships with foreign government agencies for counterterrorism purposes. What conditions form the basis of a productive partnership?  How might such partnerships compromise our operations? How do we decide how much information to share?  Does partnering with a foreign country’s intelligence agency limit our own independent intelligence gathering capabilities?  Perhaps most controversially – what limits can or should be imposed on the methods used to collect the counterterrorism intelligence to be shared? Of the foreign governments that have publicly complained about the United States’ use of certain signals intelligence capabilities, do their intelligence agencies nevertheless desire the information collected? Likewise, although the United States has banned certain interrogation methods domestically, might our intelligence agencies nevertheless want to obtain human intelligence information gathered by foreign agencies using those or other similar methods?

Featuring:

  • Amb. Ryan C. Crocker , Dean of the Bush School of Government and Public Service, Texas A&M University
  • William K Lietzau, Vice President, Deputy General Counsel, PAE 
  • Salli A. Swartz, Partner, Artus Wise Partners 
  • Moderator: Adam Pearlman, Special Advisor to the International and National Security Law Practice Group 

Will International Law Matter to the Trump Administration? - Event Audio/Video

International Law in the Trump Era: Expectations, Hopes, and Fears
John B. Bellinger, III, Rosa Brooks, David Stewart January 27, 2017

The Federalist Society's Practice Group and Student Divisions and the American Branch of the International Law Association (ABILA) are pleased to present a half-day conference on the future of international and national law under freshly inaugurated President Trump. This panel will feature a lively discussion between leading international lawyers the Hon. John Bellinger and Associate Dean and Professor Rosa Brooks about whether international law will matter to the new administration. The luncheon panel will be moderated by Professor David Stewart.

This panel was part of the conference on International Law in the Trump Era: Expectations, Hopes, and Fears held on January 23, 2017, at Georgetown University Law Center in Washington, DC.

Luncheon Panel: Will International Law Matter to the Trump Administration?
12:30 p.m. - 2:00 p.m.

  • Hon. John B. Bellinger, III, former Legal Adviser, U.S. Department of State and the National Security Council
  • Prof. Rosa Brooks, Associate Dean, Graduate Programs & Professor of Law, Georgetown University Law Center
  • Moderator: Prof. David Stewart, President, American Branch of the International Law Association (ABILA)

Georgetown University Law Center
Washington, DC

Alliances and Interventions - Event Audio/Video

International Law in the Trump Era: Expectations, Hopes, and Fears
Brian H. Hook, Lawrence Korb, Kristen Silverberg, Jamil N. Jaffer January 27, 2017

The Federalist Society's Practice Group and Student Divisions and the American Branch of the International Law Association (ABILA) are pleased to present a half-day conference on the future of international and national law under freshly inaugurated President Trump. This second panel will discuss the future of American alliances and interventions under the Trump administration.

This panel was part of the conference on International Law in the Trump Era: Expectations, Hopes, and Fears held on January 23, 2017, at Georgetown University Law Center in Washington, DC.

Panel II: Alliances and Interventions
10:45 a.m. - 12:15 p.m.

  • Hon. Brian H. Hook, Former Assistant Secretary of State for International Organizations
  • Hon. Lawrence Korb, Former Assistant Secretary of Defense 
  • Amb. Kristen Silverberg, Former U.S. Ambassador to the European Union  
  • Moderator: Prof. Jamil N. Jaffer, Former Chief Counsel and Senior Advisor, U.S. Senate Committee on Foreign Relations

Georgetown University Law Center
Washington, DC

Courthouse Steps: Ziglar v. Abbasi - Podcast

International & National Security Law Practice Group Podcast
Jamil N. Jaffer January 27, 2017

Ziglar v. Abbasi is the result of over a decade of remands and appeals. The case was originally filed by the Center for Constitutional Rights on behalf of incarcerated Muslim, South Asian, and Arab non-citizens who were targeted after 9/11 by law enforcement as “terrorism suspects.” The defendants in the case, high level officials in the Bush administration, such as Attorney General John Ashcroft and FBI director Robert Mueller, and low level detention officials, filed a motion to dismiss which was rejected by the in the District Court.

In 2009, the Supreme Court decided in Ashcroft v. Iqbal that government officials were not liable for discriminatory actions of their subordinates without evidence they directly ordered the actions. Meanwhile, five of the petitioners in Ziglar settled with the government, and the case was remanded to the District Court and amended. In 2010, the District Court granted a new motion of dismissal, but only for the high level officials. This dismissal was reversed by the Second Circuit and then the government petitioned the Supreme Court for review.

Professor Jamil Jaffer joined us to discuss the oral argument of this case, which was held on January 18.  

Featuring:

  • Prof. Jamil N. Jaffer, Adjunct Professor of Law and Director, Homeland and National Security Law Program, Antonin Scalia Law School and former Chief Counsel and Senior Advisor, Senate Foreign Relations Committee