Intelligence Reform and the Modern Intelligence Community _Thuma_ by panniuniu


									Intelligence Reform (Profs.Thuma/Cordero) Syllabus as of July 23, 2010

               Intelligence Reform and the Modern Intelligence Community
                                    Georgetown Law
                                        Fall 2010
                                  Tuesdays 7:55 - 9:55 p.m., Room TBD

                                        Professor Christopher Thuma
                                          Professor Carrie Cordero

                                        COURSE SYLLABUS
This course is an introduction to intelligence law as discussed in the context of changes to the
Intelligence Community since the attacks of 9/11. Students will examine legislative efforts to
enhance information sharing and intelligence collection, such as the creation of the Director of
National Intelligence and the modernization of the Foreign Intelligence Surveillance Act – as
well as the implications of these changes to civil liberties. In addressing the question of whether
the threat of international terrorism is primarily an intelligence, military, or law enforcement
problem, students will discuss domestic and international legal limitations on intelligence
activities, including recent changes in interrogation and detention policy. This course is two

Grading: Grading will be based on one end-of-semester, closed-book exam. Valuable class
participation can help raise a grade. Class participation, or lack thereof, will not lower your
grade. Exams may be handwritten or taken on laptop, according to the student’s preference and
in accordance with Georgetown Law’s policies.
Attendance: Attendance will be taken. A student who misses more than three classes will be
subject to a lower grade by one full grade level. If you expect to miss a class, please send an
email to the professors in advance of the class.
Computers: Professors retain the right to institute a restriction on the use of laptops or other
electronic devices at any point during the semester.
Readings: Electronic links are provided in the syllabus for students to access publicly-available
course materials online. Cases and law review articles may be accessed by the student via
electronic service (Westlaw, etc…).

                                                Professors’ Note:

Any views or opinions expressed in this course are those of Professor Thuma and Professor Cordero alone. They do
 not reflect the views or official positions of any current or former employers, including the U.S. Government, the
                    Office of the Director of National Intelligence, or the Department of Justice.

Intelligence Reform (Profs.Thuma/Cordero) Syllabus as of July 23, 2010

Recording: Recording class sessions on any electronic device is prohibited.
Office Hours: Professors Thuma or Cordero are available to meet with students in-person or by
telephone call, by appointment. In-person meetings may take place at Georgetown Law or a
mutually convenient location.

I. Introduction to Intelligence Reform and the Modern Intelligence Community (August 31 and
September 7)

READING: Final Report of the National Commission on Terrorist Attacks Upon the United States (“9/11
Commission Report” available at, Chapter 13 “How to do it? A Different Way of
Organizing the Government”; Report of the Commission on the Intelligence Capabilities of the United States
Regarding Weapons of Mass Destruction (“WMD Commission Report” available at, Chapter 6 “Leadership and Management: Forging an Integrated
Intelligence Community,” Chapter 7 “Collection,” Chapter 8 “Analysis;” Executive Order 12333, Section 1
(available at; National Security Act of 1947, 50 U.S.C. §§ 403,
403-1, 403-4a, 403-5 (available at

II. Intelligence, Civil Liberties, the Foreign Intelligence Surveillance Act & the USA Patriot Act
(September 14 and 21)

READING: United States v. United States District Court, 407 U.S. 297 (1972); Americo R. Cinquegrana, The Walls
(and Wires) Have Ears, The Background and First Ten Years of the Foreign Intelligence Surveillance Act of 1978,
137 U. PA. L. REV 793 (1989); Statement for the Record, Director of National Intelligence J. Michael McConnell,
Senate Judiciary Committee Hearing on FISA and the Protect America Act, September 25, 2007 (available at; Statement for the Record, Assistant Attorney General for
National Security, Kenneth L. Wainstein, House Permanent Select Committee on Intelligence Hearing on FISA,
September 20, 2007 (available at
07.pdf); No. 08-01 In Re Directives [redacted] Pursuant to Section 105B of the Foreign Intelligence Surveillance
Act, 551 F.3d 1004 (For.Intel.Surv.Rev. 2008); Letter from Assistant Attorney General Ronald Weich to Senate
Judiciary Committee Chairman Patrick Leahy re USA Patriot Act, September 14, 2009 (available at

III. Intelligence, Law Enforcement, and Homeland Security - Is there a “Domestic Intelligence”
Crisis? (September 28 and October 5)

READING: WMD Commission Report, Chapter 10 “Intelligence at Home: The FBI, Justice, and Homeland
Security (available at; Richard A. Posner, Our Domestic Intelligence
Crisis, Washington Post, December 21, 2005 (available at
dyn/content/article/2005/12/20/AR2005122001053.html?referrer=emailarticlepg); Eric Rosenbach and Aki J. Peritz,
Confrontation or Collaboration? Congress and the Intelligence Community, Domestic Intelligence Memo, July 2009
(available at; Letter, October 27, 2008, from New
York City Police Department Commissioner Raymond W. Kelly to Attorney General Michael B. Mukasey and
Letter, October 31, 2008, from Attorney General Mukasey to NYPD Commissioner Ray Kelly (both available at

[Note: There is no class on October 12]

Intelligence Reform (Profs.Thuma/Cordero) Syllabus as of July 23, 2010

IV. Information Sharing (October 19)

READING: WMD Commission Report, Chapter 9 Information Sharing (available at; National Strategy for Information Sharing, October 2007 (available at; Intelligence Community Directive (ICD) 501 (available at; In Re Sealed Case, 310 F. 3d 717 (For.Intel.Surv.Rev.
2002); David S. Kris, The Rise and Fall of the FISA Wall, 17 STAN. L. & POL’Y REV., 487 (2006).

V. Protection of Intelligence Sources and Methods: Classified Information in Litigation (October

READING: U.S. v. Reynolds, 345 U.S. 1 (1953); Department Of Justice Memorandum, Policies and Procedures
Governing Invocation of the State Secrets Privilege (Sept. 23, 2009) (available at; Classified Information Protection Act (18 U.S.C.
app. 3 § 1-16) (available at; Hamdan v. Rumsfeld, 344 F. Supp. 2d 152
(D.D.C. 2004): Brady v. Maryland, 373 U.S. 83 (1963): Jencks v. U.S., 353 U.S. 657 (1957); Military Commissions
Act of 2009, subchapter V, 10 U.S.C. §§ 949p-1 –949p-7 (available at; The
Queen on the application of Binyam Mohamed - v - Secretary of State for Foreign and Commonwealth Affairs
(U.K., February 10, 2010) (

VI. Case Study: The Terrorist Finance Tracking Program (TFTP) (November 2)

READING: U.S. Treasury, Terrorist Finance Tracking Program Fact Sheet, June 23, 2006 (available at; Legal Authorities Underlying the Terrorist Finance Tracking
Program (available at; Eric Lichtblau and
James Risen, Bank Data is Sifted by U.S. in Secret to Block Terror, New York Times, June 23, 2006 (available at

VII. Covert Action: “the Fifth Function” (November 9)

READING: W. Hays Parks, Memorandum of Law: Executive Order 12333 and Assassination, The Army Lawyer,
DA PAM 27-50-204 (December 1989) (available at;
W. Jason Fisher, Targeted Killing, Norms and International Law, 45 COLUM. J. TRANSNAT’L L. 711 (2007).

[Note: November 16 class will include a Guest Speaker]

VIII. Congressional Oversight (November 23)

READING: National Security Act of 1947, 50 U.S.C. §§ 413, 413a, 413b (available at

IX. Role of the National Security Lawyer in the Modern Intelligence Community and Course
Wrap Up (November 30)

READING: Speech by Attorney General Michael B. Mukasey, Boston College Law School, May 23, 2008
(available at


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