“The Skinny on American Intelligence & the Law” – with D.C. “Super Lawyer” Mark Zaid
SpyCast19 Maalis 2024

“The Skinny on American Intelligence & the Law” – with D.C. “Super Lawyer” Mark Zaid

Summary Mark Zaid (X, LinkedIn) joins Andrew (X; LinkedIn) to discuss American intelligence and the law. You’ve heard of a “lawyer to the stars,” Mark is the “lawyer to the spies” What You’ll Learn Intelligence The quirks of being a lawyer in this space How the Espionage Act works in practice The trial of the Rosenbergs The origins of FOIA and its purpose The Legal foundations underpinning espionage and intelligence Reflections Challenging authority The delicate balance of secrecy And much, much more … Quotes of the Week “I still love working every day, 30 years later, because there's still something new. As much as I fight for declassification and transparency, I will at times also see information and learn of events where I go, “Oh, I get it. Yeah, that stuff cannot be known. That's incredible what we did. That's pretty wild.” – Mark Zaid. Resources SURFACE SKIM *SpyCasts* Agent of Betrayal, FBI Spy Robert Hanssen with CBS’ Major Garrett and Friends (2023) David Petraeus on Ukraine & Intelligence with the former CIA Director & 4* General (2023) Havana Syndrome – A Panel featuring Nicky Woolf, Marc Polymeropoulos, and Mark Zaid (2023) How Artificial Intelligence is Changing the Spy Game with Mike Susong (2023) *Beginner Resources* What Is a Whistleblower? Protections, Law, Importance, and Example, W. Kenton, Investopedia (2022) [Short article] What is a Lawyer? American Bar Association (2019) [Short article] Legal System Basics, CrashCourse, YouTube (2015) [8 min. video] DEEPER DIVE Books State of Silence: The Espionage Act and the Rise of America's Secrecy Regime, S. Lebovic (Basic Books, 2023) Ethel Rosenberg, A. Sebba (Griffin, 2022) Spies on Trial: True Tales of Espionage in the Courtroom, C. C. Kuhne (Rowman & Littlefield Publishers, 2019) Primary Sources A Letter from Aldrich Ames on Polygraph Testing (2000) Whistle Blower Protection Act (1989) DoD Polygraph Program (1984) National Security Decision Directive 84 (1983) Inspector General Act (1978) Freedom of Information Act (1966) Administrative Procedure Act (1946) Espionage Act (1917) *Wildcard Resource* John Adams, a 2008 HBO Mini-Series chronicling the Founding Father’s role in early America John Adams, much like Mark, was a lawyer dedicated to the right to representation. Adams, ever dedicated to the honor of his profession, was the only attorney who agreed to defend the British soldiers involved in the Boston Massacre. You can read the whole trial here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Jaksot(724)

Predicting Terrorism

Predicting Terrorism

Peter’s guest today is Malcolm W. Nance. A 20 year veteran of the US intelligence community, Malcolm has participated in numerous counter-terrorism operations in the Balkans, the Middle East, and sub-Saharan Africa. The author of The Terrorist Recognition Handbook and The Terrorists of Iraq, Malcolm discusses with Peter the role of Osama Bin Laden, Al Qaeda operations in Iraq, and the threat of domestic terrorism in the United States. He also talks about means and methods of effective anti-terrorist operations and cautions against overreactions. Learn more about your ad choices. Visit megaphone.fm/adchoices

1 Kesä 200829min

Congressional Perspectives on U.S. Intelligence

Congressional Perspectives on U.S. Intelligence

Peter’s guest today is former Democratic Congressman Louis Stokes from Ohio, who chaired the House Intelligence Committee in the 1980s and the House Select Committee on Assassinations in the 1970s. Congressman Stokes discusses Congress’ role in overseeing the intelligence community and the value of intelligence to national security, and his committee’s investigation of the deaths of President John F. Kennedy and Dr. Martin Luther King, Jr. Learn more about your ad choices. Visit megaphone.fm/adchoices

1 Touko 200824min

Comrade J and Russian Espionage in the U.S.

Comrade J and Russian Espionage in the U.S.

Today, Peter interviews espionage writer Pete Earley about one of the most senior Russian intelligence defectors ever, Col. Sergei Tretyakov or “Comrade J.” Pete reveals some of the secrets Tretyakov covertly betrayed to the FBI/CIA while serving as SVR (Russian foreign intelligence) deputy resident in New York in the late 1990s. He also sheds light on Tretyakov’s complex motivations for defecting. Learn more about your ad choices. Visit megaphone.fm/adchoices

1 Huhti 200826min

Intelligence and the WMD Fiasco - Part II

Intelligence and the WMD Fiasco - Part II

Looking further into the U.S. intelligence community’s faulty assessment of Iraq’s WMD program, Peter interviews Bob Drogin, author of Curveball: Spies, Lies and the Conman Who Caused a War. Bob reveals how fabricated information about Saddam’s WMD program from the Iraqi defector “Curveball” could make it all the way to the White House and consequently became one of the primary rationales for war against Iraq. Learn more about your ad choices. Visit megaphone.fm/adchoices

5 Maalis 200825min

Intelligence and the WMD Fiasco

Intelligence and the WMD Fiasco

Today, Peter interviews Tyler Drumheller, the former chief of CIA covert operations in Europe. In the run-up to the Iraq war, Tyler consistently questioned affirmative intelligence on the existence of Saddam’s WMD program. He recounts his often frustrating efforts to prevent questionable information, such as that provided by the Iraqi defector "Curveball," from distorting intelligence assessments on Iraq. Learn more about your ad choices. Visit megaphone.fm/adchoices

1 Helmi 200825min

Valerie Plame Speaks

Valerie Plame Speaks

Peter’s guest today is Valerie Plame, a covert CIA officer who recently left the Agency after her name was leaked to the press. Valerie discusses her time at the CIA, the controversy surrounding her case, and the administration’s drive to war against Iraq. She also reveals how suddenly becoming a focus of public attention affected her marriage and family. Learn more about your ad choices. Visit megaphone.fm/adchoices

2 Tammi 200823min

On Assignment to Congo

On Assignment to Congo

Today, Peter chats with Larry Devlin, the CIA’s legendary station chief in Congo during the 1960s. Larry reflects on his reasons for joining the CIA, the political situation in Congo at the time, and the face-off with the Soviets in the Third World. He also discusses his response to the controversial directive from headquarters to have Congo’s Prime Minister Patrice Lumumba killed. Learn more about your ad choices. Visit megaphone.fm/adchoices

3 Joulu 200727min

Intelligence and the Middle East with Robert Baer

Intelligence and the Middle East with Robert Baer

Peter’s guest today is Robert Baer who served for many years as a CIA operative in the Middle East. Among other things, Bob talks about his tour of duty in Lebanon, the psychology of suicide bombers, and the emerging threat of Iran. He also discusses the movie Syriana, which is based on his book, See No Evil. Learn more about your ad choices. Visit megaphone.fm/adchoices

1 Marras 200726min

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