At JNSLP’s Feb. 11, 2015 symposium on “Trials and Terrorism: The Implications of Trying National Security Cases in Article III Courts,” an expert panel was convened to discuss trends in sentencing considerations in Article III terrorism prosecutions, and what the implications for these cases portend for american foreign policy. The panel consisted of a judge, a government official and former prosecutor, academics, and sentencing experts.
Meyer and Berenbaum analyze the national security policy challenge in balancing protections for Intelligence Community whistleblowers and the government’s legitimate need for secrecy in order to execute the federal intelligence and counterintelligence mission. It is that need for secrecy that creates the intellectual distance between the sovereign’s requirement for information regarding the performance of the federal intelligence and counterintelligence mission and the ability to conduct that mission.
Jennifer Marett investigates the little-known position of National Security Council Legal Advisor. Drawing on a wide range of historical material as well as interviews with several previous holders of the position, Marett traces its roles and responsibilities from inception through the current administration. She concludes by identifying several contemporary institutional challenges affecting this important intelligence community role.