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GJLPP Symposia

ABUSE OF POWER?

Surveying the Limits of Executive Power

March 27th, 2014

Gewirz 12

#PubPolSym2014, #AbuseofPower

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Schedule

1:30pm Lunch

2:30pm Welcome & Introduction

James Uthmeier, Managing Editor of the Georgetown Journal of Law & Public Policy

3:00pm Panel -- Phone Records and the NSA: Protecting America vs. Protecting Americans' Privacy

Steven Bradbury, Dechert LLP

Steven G. Bradbury is a nationally known litigation partner who focuses on antitrust and administrative law, judicial review of agency actions, Supreme Court cases and other appellate litigation, constitutional issues, national security law, and general commercial litigation. He has extensive experience representing leading companies in a wide range of litigation cases and administrative matters, at the agency, trial court, and appellate levels. Mr. Bradbury served as head of the Office of Legal Counsel ("OLC") of the U.S. Department of Justice, where he was principal deputy assistant attorney general from 2004 to 2009 and acting assistant attorney general from 2005 to 2007. Mr. Bradbury received the Edmund J. Randolph Award for outstanding service to the DOJ, the Secretary of Defense Medal for Outstanding Public Service, the National Security Agency's Intelligence Under Law Award, the Director of National Intelligence's 2007 Intelligence Community Legal Award (Team of the Year, FISA Modernization), and the Criminal Division's Award for Outstanding Law Enforcement Partnerships.Before serving as head of OLC, Mr. Bradbury was a partner in the Washington office of Kirkland & Ellis LLP, 1994-2004, served as a law clerk to Justice Clarence Thomas on the Supreme Court of the United States, 1992-1993, worked as an attorney-adviser in OLC, 1991-1992, clerked for Judge James L. Buckley on the U.S. Court of Appeals for the D.C. Circuit, 1990-1991, and was as an associate in the Washington office of Covington & Burling LLP, 1988-1990. He is a graduate of Stanford University and the University of Michigan Law School.

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M.E. Spike Bowman, George Washington University

M.E. "Spike" Bowman is a distinguished lecturer at the George Washington University Elliott School of International Affairs and is a specialist in national security affairs. He was most recently the Deputy,National Counterintelligence Executive. Previously, he was Senior Research Fellow at the National Defense University (Center for Technology and National Security Policy). He is retired from the Senior Executive Service, Federal Bureau of Investigation, where he served as Deputy General Counsel(National Security Law) Senior Counsel for National Security Law and Director, Intelligence Issues and
Policy Group (National Security Branch).Mr. Bowman is a former intelligence officer, an international lawyer, and a recognized specialist in national security law with extensive experience in espionage and terrorism investigations. In addition to national security experience, Mr. Bowman is a retired U.S. Navy Captain who has served as Head of International Law at the Naval War College, as a diplomat at the U.S. Embassy in Rome, Italy, and as Chief of Litigation for the U.S. Navy. Mr. Bowman is a graduate of Willamette University (B.A.),the University of Wisconsin (M.A.),the University of Idaho(J.D., Cum Laude), and The George Washington University (LL.M., International Law and Comparative Legal Systems, With Highest Honors).

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Julian Sanchez, The Cato Institute

As a Cato Research Fellow, Julian Sanchez studies issues at the busy intersection of technology, privacy, and civil liberties, with a particular focus on national security and intelligence surveillance. Before joining Cato, Sanchez served as the Washington Editor for the technology news site Ars Technica, where he covered surveillance, intellectual property, and telecom policy. He has also worked as a writer for The Economist's Democracy in America blog, and an editor for Reason magazine, where he remains a contributing editor. Sanchez has written on privacy and technology for a wide array of national publications, ranging from National Review to The Nation, and is a founding editor of the policy blog Just Security. He studied philosophy and political science at New York University.

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Nathan Sales, George Mason University Law School

Nathan A. Sales is an Assistant Professor of Law at George Mason University School of Law. He teaches national security law, administrative law, and criminal law. His scholarship has been cited by the U.S. Supreme Court multiple times, and has appeared in numerous leading publications. A frequent contributor to public debates, his commentary has been featured by The Atlantic, BBC, Christian Science Monitor, C-SPAN, Los Angeles Times, National Review Online, New York Times, NPR, Politico, U.S. News & World Report, Time, Wall Street Journal, and Washington Post. He has testified before Congress on numerous occasions. Before coming to George Mason in 2008, Sales was the first Deputy Assistant Secretary for Policy Development at the U.S. Department of Homeland Security. His work focused on intelligence, information sharing, and terrorist travel. Professor Sales led DHS's efforts to draft and implement legislation that strengthened the security features of, and expanded, the Visa Waiver Program (which allows citizens of certain countries to travel to the United States without a visa). He headed the U.S. delegation in talks with seven countries to implement the new security measures, and was the Secretary of Homeland Security's Special Envoy to South Korea. From 2001 to 2003, Professor Sales served at the Office of Legal Policy at the U.S. Department of Justice, where he focused on counterterrorism policy and the judicial confirmation process. Professor Sales received the Attorney General's Award for Exceptional Service – the Justice Department's highest honor – for his role in drafting the USA PATRIOT Act, as well as the Attorney General's Distinguished Service Award. In 2005, he returned to DOJ to run the "war room" for the confirmation of Chief Justice John Roberts. Professor Sales graduated from Duke Law School magna cum laude, where he joined the Order of the Coif and was Research Editor of the Duke Law Journal. He clerked for the Honorable David B. Sentelle of the U.S. Court of Appeals for the D.C. Circuit. He practiced at the Washington, DC law firm Wiley Rein LLP, and was John M. Olin Fellow at the Georgetown University Law Center.

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Moderator: Steven Bucci, The Heritage Foundation

Steven P. Bucci, who served America for three decades as an Army Special Forces officer and top Pentagon official, is director of the Allison Center for Foreign Policy Studies at The Heritage Foundation. His research and writing focuses on cyber security, special operations and defense support to civil authorities. He joined the think tank as senior research fellow for defense and homeland security in April 2012, and was promoted to director of Allison Center in December 2012. Bucci previously was a lead consultant to IBM on cyber security policy. He published numerous articles on related issues and regularly contributed to "Security Debrief," a leading national security blog. As part of IBM's Public Sector Team, Bucci was a top strategist in the global computer giant's cyber security campaign, his advice sought by several major federal departments. He was a member of the Cyber Coordinating Committee and an original deputy director of the IBM Institute for Advanced Security. As commander of 3rd Battalion, 5th Special Forces, Bucci led deployments to eastern Africa, South Asia and the Persian Gulf -- including Operation Desert Thunder in 1998 in response to Saddam Hussein's threats to violate the no-fly zone over Iraq. Bucci was a seasoned leader in the 82nd Airborne as well as 5th & 7th Special Forces when, in July 2001, he assumed the duties of military assistant to Defense Secretary Donald H. Rumsfeld. He worked directly for Rumsfeld daily for five and a half years until retiring from the Army in 2005 with the rank of colonel. Bucci graduated from the U. S. Military Academy at West Point with a B.S. in national security. He received his master's and doctorate degrees in international relations in 1986 and 1987 from the University of South Carolina. He also is a graduate of the U.S. Army War College, the Hellenic Army War College in Greece, and the Senior Seminar of the Department of State. Bucci completed graduate studies, language training and regional orientation in the Balkans. He taught European studies, foreign policy and international relations at the JFK Special Warfare Center. He conducted many development and anti-drug missions across Latin America, served as defense attaché in Sarajevo and became the first resident defense attaché in Tirana, Albania. Bucci is an adjunct professor of leadership at George Mason University and an associate professor of terrorism studies and cyber security policy at Long Island University. He is a member of the advisory board for the Network Science Research Center, a consortium led by IBM and the Massachusetts Institute of Technology (MIT). He previously served on the advisory board of MIT's Geospatial Data Center and as an adviser to the Prince of Wales/Prince Edward fellowship program at MIT and Harvard.

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4:30pm Panel – President Obama's "Recess" Appointments: An Executive Poweror Abuse of Power?

James Burnham, Jones Day

At the Washington D.C. office of Jones Day, Mr. Burnham represents companies and individuals in complex civil, criminal, and constitutional litigation, including lawsuits against federal and state governments and enforcement actions by governments. His practice has a particular focus on resolving complex legal issues, appellate advocacy, and dispositive motions practice. James has worked closely on a variety of high profile matters that involve cutting-edge legal issues. In particular, he is currently representing the Noel Canning Corporation in a challenge to President Obama's "recess" appointments to the National Labor Relations Board and is representing a group of California public school teachers in Friedrichs v. California Teachers Association, a First Amendment challenge to the coerced payment of "agency fees" to public employee unions. He has also worked on defending complex criminal investigations and prosecutions, and has experience in matters involving the First Amendment and commercial speech, procedural due process, federal preemption, the mootness and political question doctrines, securities law, the Clean Air Act and its applicability to successive coal plant operators, and the state of Mississippi's 1997 settlement agreement with the major tobacco companies. James is also a former lecturer-in-law at the University of Chicago Law School, where he co-taught a seminar on federal sentencing law.

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Simon Lazarus, Constitutional Accountability Center

Mr. Lazarus is Senior Counsel at the Constitutional Accountability Center. He is the former Public Policy Counsel to the National Senior Citizen Law Center. Previously he has served as Associate Director of President Jimmy Carter's White House Domestic Policy Staff (1977-81), as a partner in Powell, Goldstein, Frazer, and Murphy LLP (1981-2002), and as Senior Counsel to Sidley Austin LLP (2002-2006). He is a Trustee of the Center for Law and Social Policy and a member of the Administrative Conference of the United States. His articles have appeared in the Atlantic, the Washington Post, The American Prospect, Roll Call, Slate, The Hill, Newsweek/ Daily Beast, Politico, The New Republic, the Huffington Post, as well as law reviews. He graduated from Yale Law School, where he was Note & Comment Editor of the Yale Law Journal.

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Michael Stern, Point of Order

Michael Stern is the Director of Point of Order, a website dedicated to congressional legal issues, and he
writes and works on a variety of matters related to Congress, the state legislatures and the legislative
process. He previously served as Senior Counsel to the U.S. House of Representatives, the Deputy Staff
Director for Investigations for the Senate Committee on Homeland Security and Governmental Affairs,
and Special Counsel to the House Permanent Select Committee on Intelligence. He has been active in
leadership of the D.C. Bar and ABA sections on legislative practice and served on the ABA Task Force
on Lobbying Reform. He has practiced law as a litigator for the law firm of Shaw Pittman in Washington
D.C. Michael is a graduate of the University of Chicago Law School and of Haverford College, and
clerked for the Honorable Charles Clark, Chief Judge of the U.S. Court of Appeals for the Fifth Circuit, in
Jackson, Mississippi.

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Moderator: Judge Laurence Silberman, U.S. Court of Appeals for the District of Columbia

Judge Silberman is a senior judge on the U.S. Court of Appeals for the District of Columbia Circuit. Before ascending to the bench, he was a partner at Steptoe & Johnson, where he specialized in administrative law, and Morrison & Forester, where his practice concentrated on banking, telecommunications, and administrative law. Judge Silberman was an attorney in the appellate division of the General Counsel's Office, National Labor Relations Board, and served as a solicitor and later as Undersecretary of Labor at the U.S. Department of Labor. He also has served as Deputy Attorney General and the United States Ambassador to Yugoslavia. In 2004-05 Judge Silberman served as co-chairman of the President's Commission on the Intelligence Capabilities of the U.S. Regarding Weapons of Mass Destruction.

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5:45pm Guest Speech - Limitless Presidential Power in Foreign Affairs: Turning the Constitution on Its Head

Bruce Fein, Former Associate Deputy Attorney General under President Ronald Regan, Senior Policy Advisor to Ron Paul 2012 Presidential Campaign

6:10pm Debate –Executive War Powers, Syria, and the President Obama's "Red Line"

Did President Obama Have the Power to Use Force in Syria without Congressional Approval?

Professor Don Wallace, Georgetown University Law Center

Professor Don Wallace Jr., is a graduate of Yale University and Harvard Law School. He is a Professor at Georgetown University Law Center, Washington, DC. Professor Wallace specializes in the fields of international law and foreign affairs, and over the years has taught a variety of courses at Georgetown Law Center and at ILI. He has written on public procurement, international business transactions, and investor-state arbitration, among other subjects. Professor Wallace was the Regional Legal Advisor for the Middle East and Deputy Assistant General Counsel to AID in the Department of State from 1962-66, a founding board member of the International Development Law Organization in Rome, and has been the Chairman of ILI since 1970. He is currently a member of the U.S. Secretary of State's Advisory Committee on Private International Law, a U.S. Delegate to UNCITRAL, a correspondent of UNIDROIT, and the vice president of the UNIDROIT Foundation in Rome. He has also been chair of the Section of International Law and Practice of the American Bar Association and a member of the ABA House of Delegates. Prof. Wallace also led the first ABA delegation to China in 1979. Recent activities also include assisting Rwanda with the preparation of its constitution and commercial law, teaching in China, serving on boards involving academic activities in Egypt, Indonesia and Serbia, and serving on the advisory board of the ABA Rule of Law Initiative.

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Antonio Perez, Catholic University of America, Columbus School of Law

Moderator: Jonathan Arias, Special Assistant to U.S. Senator Marco Rubio

7:15pm Closing Remarks

Trevor Burrus, The Cato Institute

Whitney Ehlin, Editor-in-Chief of the Georgetown Journal of Law & Public Policy

7:30pm Reception

The Symposium will focus on the current executive administration's actions with regard to foreign policy, national security, the federal judiciary, and administrative agency responsibilities. We will critique whether such executive powers are in violation of the Constitution's inherent separation of powers and rule of law. The Symposium issue is slated to publish as Volume 12, Issue 2, Summer 2014.

On The Web

Maps & Directions

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