Ethics in National Security Law

This course will closely examine the myriad ethical issues inherent in national security law, including exploring the various roles a national security lawyer may play in the government, including the roles and ethical responsibilities of a policy lawyer examining various options for legislation or policymaking inside the executive branch, an oversight lawyer examining activities conducted after the fact, a lawyer appearing in national security matters before a neutral third party magistrate, including to prosecute national security cases as well as to obtain surveillance, and lawyers advising military commanders in the field, among others. The course will also examine the various ethical challenges associated with highly classified or sensitive operations, including those that may involve the use of techniques and capabilities that may approach the boundaries of the law, as well as those that require limited disclosure even within the confines of the executive branch.