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

Episoder(724)

Military Intelligence from the Cold War to Cyber War

Military Intelligence from the Cold War to Cyber War

In 1973 Captain Gail Harris became the first woman to hold a combat intelligence job in the U.S. Navy. Her 28 year career included hands-on leadership in the intelligence community during every major conflict from the Cold War to Desert Storm to Kosovo. Today, she discusses with Peter her unique experience providing intelligence support to military operations and the challenges of developing policies for defense against cyber warfare. Learn more about your ad choices. Visit megaphone.fm/adchoices

7 Mai 201024min

Evolution of Government Surveillance Programs

Evolution of Government Surveillance Programs

Shane Harris is a staff correspondent for National Journal and the former technology editor of Government Executive magazine. In his new book, The Watchers, he chronicles the government’s efforts to create a computer system capable of analyzing data and identifying terrorist activity. Harris contends that while pinpointing threats remains difficult, the governments can now spy on U.S. citizens with ease. He joins Peter today to discuss the evolution of surveillance, America’s changing views on privacy, and the human element behind computerized data collecting. Learn more about your ad choices. Visit megaphone.fm/adchoices

19 Apr 201027min

Tales from the OSS, part II

Tales from the OSS, part II

Elizabeth Macintosh continues to offer her insights into OSS. This time, she talks about the many fascinating and colorful people she met at OSS, including Director William “Wild Bill” Donovan and Virginia Hall. Learn more about your ad choices. Visit megaphone.fm/adchoices

1 Mar 201024min

Cyber Security and Covert Action

Cyber Security and Covert Action

Dr. Herbert Lin is chief scientist at the Computer Science and Telecommunications Board, National Research Council of the National Academies. An expert on cyber security, Herb discusses various aspects of cyber attacks, including ways in which cyber weapons can be used for covert action. To view his co-edited report on this subject, visit: http://www.anagram.com/berson/nrcoiw.pdf Learn more about your ad choices. Visit megaphone.fm/adchoices

17 Feb 201025min

Intelligence in a War Zone (Melissa Mahle)

Intelligence in a War Zone (Melissa Mahle)

Melissa Mahle served from 1988-2002 at the CIA, much of the time as a case officer dealing with terrorist issues in the Middle East, running agents and gathering intelligence. Today, she discusses with Peter her perspective on the recent suicide bombing of a CIA base in Afghanistan, the perils of collecting intelligence in a war zone, as well as the terrorist challenge. Learn more about your ad choices. Visit megaphone.fm/adchoices

20 Jan 201030min

The Terrorist Challenge

The Terrorist Challenge

The U.S. authorities' failure to prevent a Nigerian suicide bomber from boarding a Detroit-bound plane on Christmas Day, and the suicide bombing at a CIA base in Afghanistan have roiled the intelligence community. International Spy Museum historian Dr. Thomas Boghardt discusses with SpyCast host and CIA veteran Peter Earnest how these incidents unfolded and their implications for intelligence reform. Learn more about your ad choices. Visit megaphone.fm/adchoices

8 Jan 201019min

Tales from the OSS, Part I

Tales from the OSS, Part I

Elizabeth Macintosh served in the Office of Strategic Services (OSS) during World War II. Today, she discusses her personal experience working for OSS, the role of women in it, as well as some of the agency’s most exciting operations. Learn more about your ad choices. Visit megaphone.fm/adchoices

1 Jan 201024min

The MI5 Centenary

The MI5 Centenary

This year, Britain’s domestic security service, MI5, celebrates its 100th anniversary. Cambridge University professor Christopher Andrew, the author of MI5’s official history, Defend the Realm, reveals the agency’s strengths and weaknesses, and relates some of the most intriguing stories involving Britain’s spy catchers. Learn more about your ad choices. Visit megaphone.fm/adchoices

1 Des 200928min

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