Georgetown Security Law Commentary

Scholarship: “The Central Intelligence Agency's 'Family Jewels': Legal Then? Legal Now?”

“The Central Intelligence Agency's 'Family Jewels': Legal Then? Legal Now?” Indiana Law Journal, Vol. 84, p. 637, 2009 Daniel L. Pines.

Scholarship: "The Espionage Act and National Security Whistleblowing after Garcetti"

"The Espionage Act and National Security Whistleblowing after Garcetti" (American University Law Review) by Stephen I. Vladeck (American University Washington College of Law).  This article discusses whether government employees have a right to disseminate classified national security information if the information pertains to "unlawful secrets."  Because of the broad language of the Espionage Act and the narrow language of certain whistleblower laws, a government employee would enjoy no statutory protection. And because of the Supreme Court's constriction of the First Amendment rights of public employees in Garcetti v. Ceballos, the employee would not be entitled to a constitutional defense, either. The essay discusses the implications of Garcetti for public employee whistleblowers.

Scholarship: "Former Presidents and Executive Privilege"

"Former Presidents and Executive Privilege" by Laurent Sacharoff (Temple University Beasley School of Law). This article argues that a new President may review a previous administration's assertions of executive privilege and should disclose the previously withheld information if doing so would be in the public interest.  Executive privilege arises from a President's Article II powers; when a new President arrives, she enjoys plenary Article II powers, including the right to assert or waive executive privilege.  The Privilege is not personal to any individual President but rather may only be asserted in the public interest, and a new President should review previous assertions of executive privilege vigorously, since Congress cannot determine whether a particular President has abused the privilege to hide evidence of wrongdoing in his administration. HT to National Security Advisors.