Investigating & Prosecuting National Security (Williams/Zebertavage)
T 6:40PM - 8:30PM
Silverman Hall 280
Investigating and Prosecuting National Security Matters This co-taught course will introduce students to the unique challenges associated with national security investigations and prosecutions. Students will work through a proactive national security investigation and a reactive post-incident investigation. Students will learn about a variety of investigatory tools available in national security investigations and will discuss the impact classified information has on a criminal prosecution, including how to protect classified information under the Classified Information Procedures Act. The class will discuss various criminal charges applicable to national security offenses and will review the Electronic Communications Privacy Act, the Right to Financial Privacy Act, and the Foreign Intelligence Surveillance Act (FISA), as well as relevant case law. The course will culminate in each student drafting a prosecution memorandum in which the student will advocate for a proposed prosecution, including appropriate charges, the recommended handling of classified evidence, and anticipated evidentiary challenges. It will be helpful to have taken (or be taking) Constitutional Criminal Procedure, but this is not a prerequisite. Enrollment is limited to JD students. Grading: 20% participation; 80% other (Assignment 1, 20%; Assignment 2, 20%; Assignment 3, 40%)
Skills Learning outcomes: Demonstrate an understanding of the individual course skill; Demonstrate the ability to receive and implement feedback; Demonstrate an understanding of how and when the individual course skill is employed in practice.
Criminal Law and Procedure Learning outcomes: Demonstrate a core understanding of criminal law and procedure; Perform legal analysis in the context of criminal law and procedure; Communicate effectively on topics related to criminal law and procedure; Demonstrate an understanding of the role criminal law and procedure play in society and their impact on other areas of law and society.