National security cases present unique challenges to prosecutors and defense attorneys. From the outset of an investigation, and before charges are brought, prosecutors and investigators must take into account a number of considerations, including coordination with the intelligence community and potential conflicts that may arise between law enforcement and intelligence gathering. After a case is charged, such cases frequently present other challenges, such as complying with discovery obligations while protecting classified information and obtaining testimony from foreign witnesses who may be beyond the reach of the U.S. government. This course will provide an in-depth examination of the unique issues that lawyers face in national security prosecutions and the substantive and procedural tools used to navigate those issues. We will also examine the advantages and limitations of civilian prosecutions and consider the effectiveness of current procedures and criminal statutes in addressing modern national security threats, particularly cyberattacks. An emphasis will be placed on case-specific examples and hypotheticals, drawing in part on the instructor’s experience and pending public cases. The course will culminate in a simulation in which students are presented with a rapidly unfolding national security incident in which they are asked to address various hypotheticals at different stages of the case from the perspective of prosecutors, defense attorneys, and judges.
Students will be expected to complete a final paper of 10-15 pages in length on a topic approved by the instructor. Students who wish to use the paper to satisfy the JD ULWR should enroll in a 1 credit Independent Study with Professor Stansbury and will be expected to write a final paper of 25-30 pages in length. The Independent Study will be graded on a credit/no-credit basis.
|Course Areas of Practice|
Knowledge and understanding of substantive and procedural law
Legal analysis and reasoning, legal research, problem-solving, and written and oral communication in the legal context