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

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Inside the National Security Agency

Inside the National Security Agency

The National Security Agency (NSA), America’s premier cryptanalytic organization, is the largest and most secretive member of the American intelligence community. Discussing NSA’s mission, capabilities, and past exploits, former NSA Chief of Information Policy Mike Levin reveals some of the mysterious agency’s secrets. Learn more about your ad choices. Visit megaphone.fm/adchoices

1 Juni 200921min

U.S. Military Intelligence—Past and Present

U.S. Military Intelligence—Past and Present

A West Point graduate, Brian G. Shellum was U.S. Army attaché in Germany, served in the armed forces during the first Gulf War, and worked for over a decade as historian for the Defense Intelligence Agency (DIA). Today, Brian discusses the history and purpose of American military intelligence, describing the DIA and the role of the military attachés posted abroad. Learn more about your ad choices. Visit megaphone.fm/adchoices

1 Maj 200926min

U.S. Naval Intelligence in World War II

U.S. Naval Intelligence in World War II

Rear-Admiral Donald Mac Showers joined the U.S. Navy’s codebreakers at Pearl Harbor in 1942 and went on to serve three decades in the American intelligence community. Today, he talks about the contribution of codebreaking to the defeat of Japanese naval forces at Midway in 1942, and he reveals how cryptanalysts helped U.S. forces locate and kill Admiral Isoroku Yamamoto, the mastermind of the Japanese attack on Pearl Harbor. Learn more about your ad choices. Visit megaphone.fm/adchoices

14 Apr 200930min

Intelligence and Conspiracy Theories II

Intelligence and Conspiracy Theories II

During the Cold War, Soviet intelligence used disinformation to malign the United States, for example, by spreading the rumor that AIDS resulted from U.S. Army bacteriological warfare experiments. U.S. State Department Counter-Misinformation officer Todd Leventhal discusses some of the most notorious Soviet-inspired conspiracy theories and explains how the United States sought to counter them. Learn more about your ad choices. Visit megaphone.fm/adchoices

1 Apr 200930min

Intelligence and Conspiracy Theories I

Intelligence and Conspiracy Theories I

What makes conspiracy theories so appealing, and why have they become so prevalent in this day and age? Do some of them contain a grain of truth? And who stands to gain from spreading these ideas? To answer these questions, Peter interviews Professor Robert Alan Goldberg, author of Enemies Within, and a leading authority on conspiracy thinking. Learn more about your ad choices. Visit megaphone.fm/adchoices

4 Mars 200926min

Intelligence Lessons from Vietnam

Intelligence Lessons from Vietnam

Working for the Saigon Military Mission and the CIA, Rufus Phillips spent ten years in South East Asia during the Vietnam War. Drawing on this experience, Rufus talks about psychological warfare and counter-insurgency tactics in Vietnam, and lessons for America’s present engagement in Iraq and Afghanistan. Learn more about your ad choices. Visit megaphone.fm/adchoices

19 Feb 200926min

Robert De Niro on Intelligence

Robert De Niro on Intelligence

Today, Peter chats with actor and film producer Robert De Niro. De Niro talks about his long-standing interest in the world of intelligence and discusses his latest espionage movie The Good Shepherd about the early history of the CIA. He also provides an insider look at the making of the humorous polygraph scene in Meet the Parents. Learn more about your ad choices. Visit megaphone.fm/adchoices

2 Feb 200918min

U.S. Intelligence in Decline?

U.S. Intelligence in Decline?

A senior fellow at the Center for International Policy, Melvin A. Goodman served many years as an analyst at the CIA and the State Department’s Bureau of Intelligence and Research. A critical observer of the intelligence community, he elaborates on his thesis about the decline of U.S. intelligence, specifically its militarization, privatization, and deteriorating analysis capacities. Learn more about your ad choices. Visit megaphone.fm/adchoices

2 Jan 200928min

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