At times of real and perceived national security threats, policymakers and decision-makers sometimes consider “law” an impediment rather than an asset. In this week's episode, an expert panel addresses the question - does law matter - and other ethical questions, like how to make the case for law in times of crisis, and why the good faith application of law is a national security value.

Lauren Hobart is the Associate Teaching Professor at Syracuse University College of Law:

https://www.maxwell.syr.edu/research/autonomous-systems-policy-institute/leadership-staff/faculty/laurie-hobart

Hon. James E Baker is Professor by Courtesy Appointment in the Public Administration and International Affairs Department at the Maxwell School for Citizenship and Public Affairs, and Director of the Institute for Security Policy and Law at Syracuse University:

https://www.maxwell.syr.edu/directory/the-hon-james-e-baker

Dana Dyson is Deputy General Counsel for Operations at the CIA:

https://www.wcl.american.edu/community/faculty/profile/ddyson/bio

References:

Does Law Matter: Making the Case for Law During Times of Crisis, model rules:

https://acrobat.adobe.com/link/track?uri=urn%3Aaaid%3Ascds%3AUS%3A11ac4f5d-e062-33f2-931f-7d5d7f3e85b7&viewer%21megaVerb=group-discover

Robert H. Jackson, The Federal Prosecutor, 24 J. Am. Jud. Soc’y 18 (1940) (address at Conference of United States Attorneys, Washington, D.C., April 1, 1940):

https://www.roberthjackson.org/speech-and-writing/the-federal-prosecutor/

Hon. James E. Baker, In Common Defense, Chapter 10 (2013):

https://acrobat.adobe.com/link/track?uri=urn%3Aaaid%3Ascds%3AUS%3Ab8115309-431b-34f7-bb8f-572412203545&viewer%21megaVerb=group-discover

To view the entire collection of panels from our 32nd Annual Review of the Field of National Security Law Conference:

https://www.americanbar.org/groups/law_national_security/events_cle/32-nd-annual-review-of-the-field-of-national-security-law-confernce/recordings-32nd-annual-review-of-the-field-of-national-security-law-conference/