24TH ANNUAL REVIEW OF THE FIELD
OF NATIONAL SECURITY LAW
CO-SPONSORED BY THE
AMERICAN BAR ASSOCIATION
STANDING COMMITTEE
CENTER
CENTER
ON
FOR
ON
LAW
AND
NATIONAL SECURITY
NATIONAL SECURITY LAW, UNIVERSITY
LAW, ETHICS
CENTER
ON
AND
OF
VIRGINIA SCHOOL
OF
NATIONAL SECURITY, DUKE UNIVERSITY SCHOOL
NATIONAL SECURITY
AND THE
LAW
OF
LAW
LAW, GEORGETOWN LAW
NOVEMBER 6, 2014 – NOVEMBER 7, 2014
THE CAPITAL HILTON
1001 16TH STREET, NW, WASHINGTON, DC
THURSDAY, NOVEMBER 6, 2014
7:30 a.m.
Registration, CLE sign-in and Continental Breakfast
8:00 – 8:30 a.m.
Conference Overview and Welcome
James McPherson
Chair
ABA Standing Committee on Law and National Security
William Hubbard
President
American Bar Association
8:30 – 10:30 a.m.
Panel I – Executive Branch Updates on Developments in National Security Law
Moderator
Benjamin Powell
Partner
WilmerHale
Discussants
Caroline Krass
General Counsel
Central Intelligence Agency
Robert Litt
General Counsel
Office of the Director of National Intelligence
Brigadier General Richard C. Gross
Legal Counsel to the Chairman of the Joint Chiefs of Staff
U.S. Army
Rajesh De
General Counsel
National Security Agency
Cynthia Ryan
General Counsel
National Geospatial-Intelligence Agency
John Carlin
Assistant Attorney General
National Security Division
U.S. Department of Justice
10:30 – 10:45 a.m.
Break
10:45 – 12:30 p.m.
Panel II – Role of the Judiciary in National Security
Moderator
Viet Dinh
Professorial Lecturer in Law
Georgetown University Law Center and
Partner, Bancroft PLLC
Discussants
The Honorable John D. Bates
Judge
U.S. District Court for the District of Columbia
The Honorable Brett Kavanaugh
Judge
U.S. Court of Appeals for the D.C. Circuit
The Honorable M. Margaret McKeown
Judge
U.S. Court of Appeals for the Ninth Circuit
Benjamin Wittes
Senior Fellow in Governance Studies
Brookings Institution
12:30 – 1:15 p.m.
Luncheon Break
Introduction
1:15 – 2:15 p.m.
Keynote Address
The Honorable Suzanne E. Spaulding
Under Secretary
National Protection and Programs Directorate
U.S. Department of Homeland Security
2:15 – 2:30 p.m.
Break
2:30 – 4:15 p.m.
Panel III – The Future of Foreign Intelligence
Moderator
Laura Donohue
Professor of Law & Director
Center on National Security and the Law
Georgetown Law
Discussants
William Banks
Professor of Law & Director
Institute for National Security and Counterterrorism
Syracuse University College of Law
Jameel Jaffer
Deputy Legal Director
American Civil Liberties Union
David Kris
Executive Vice President & General Counsel
Intellectual Ventures
Former Assistant Attorney General, National Security Division, U.S. Department of Justice
Robert Litt
General Counsel
Office of the Director of National Intelligence
5:00 p.m.
Reception
6:00 p.m.
Dinner with Keynote Address - South American Room
“Changes in the World Economy and Its Impact on National Security”
Sir James D. Wolfensohn
Chairman & Chief Executive Officer
Wolfensohn Fund Management and
Former President, The World Bank
FRIDAY, NOVEMBER 7, 2014
8:00 a.m.
Continental Breakfast
8:15 – 8:30 a.m.
Welcome and Opening Remarks
8:30 – 10:15 a.m.
Panel IV – Ethical Issues Facing Lawyers Practicing National Security Law – A Discussion
Harvey Rishikof
Chair
ABA Standing Committee on Law and National Security Advisory Committee
The Honorable James Baker
Chief Judge
U.S. Court of Appeals for the Armed Forces
10:15 – 10:30 a.m.
Break
10:30 – 12:15 p.m.
Panel V – The Economic & Financial Threat Domain: Making Smart Sanctions Smarter
Moderator
John Norton Moore
Walter L. Brown Professor of Law & Director
Center for National Security Law
University of Virginia School of Law
Discussants
Ilan Berman
Vice President
American Foreign Policy Council
Richard Newcomb
Partner
DLA Piper
Former Director, Office of Foreign Assets Control, U.S. Treasury Department
Steve Perles
Senior Attorney & Founder
Perles Law Firm, P.C.
Andrew K. Davenport
Chief Operating Officer
RWR Advisory Group
Juan C. Zarate
Chairman
Financial Integrity Network
Former Deputy National Security Advisor & Former Assistant Secretary of the Treasury
12:15 – 1:15 p.m.
Luncheon Break
1:15 – 1:45 p.m.
Keynote Address
Vice Admiral Nanette DeRenzi
The Judge Advocate General
U.S. Navy
1:45 – 2:00 p.m.
Break
2:00 – 3:30 p.m.
Panel VI – Military Justice: Continuity or Change?
Moderator
Major General Charles J. Dunlap, Jr., USAF (Ret.)
Professor of the Practice of Law & Executive Director
Center on Law, Ethics and National Security
Duke University School of Law
Discussants
Lieutenant General Flora Darpino
The Judge Advocate General
U.S. Army
Rachel E. VanLandingham
Associate Professor of Law
Southwestern Law School
Gary D. Solis
Professor of Law
Georgetown Law
Captain Lindsay L. Rodman, USMC
Judge Advocate
3:30 – 5:00 p.m.
Panel VII – Cybersecurity – Will We Ever Be Secure?
Moderator
Jill D. Rhodes
Vice President & Chief Information Security Officer
Trustmark Companies
Discussants
Judith Miller
Co-Chair
ABA Cybersecurity Legal Task Force
Susan Ginsburg
Principal
U.S. Civil Security, LLC.
Keith Lowry
Security Liaison Officer
Office of Security Operations
U.S. Food and Drug Administration
Kathleen Rice
Counsel
Faegre Baker Daniels
5:00 p.m.
CLE sign-out
Sponsors of the Annual Review of the Field of National Security Law Conference
American Bar Association Standing Committee on Law and National Security
1050 Connecticut Avenue, N.W., Suite 400
Washington, DC 20036
TEL: (202) 662-1035
Website: http://www.americanbar.org/natsecurity
Center for National Security Law
University of Virginia School of Law
580 Massie Road
Charlottesville, VA 22903
TEL: (434) 924-4080
Website: http://www.virginia.edu/cnsl
Center on Law, Ethics and National Security
Duke University School of Law
Science Drive and Towerview Road
Box 90360
Durham, NC 27708
TEL: (919) 613-7137
Website: http://web.law.duke.edu/lens/
Center on National Security and the Law
Georgetown Law
600 New Jersey Avenue, NW
Washington, DC 20001
TEL: (202) 662-4076
Website: http://www.law.georgetown.edu/cnsl
Luncheon Sponsor
Murrah Center for Homeland Security Law and Policy
Oklahoma City University School of Law
The Standing Committee wishes to thank LexisNexis
for their support of this conference