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National Security Investigations and Prosecutions presents the law governing, and related to, national security investigations (NSIs). An NSI is an investigation conducted by the United States government to acquire information about foreign threats to the national security, e.g., international terrorism.
National security law is often inaccessible, and can be particularly hard to follow when divorced from the context of historical tradition, governmental structures, and the operational reality in which it functions. This treatise explores the full background of NSIs, both from a pre-911 and a post-911 perspective, providing a powerful tool for any attorney handling a case involving a national security investigation or prosecution. The text:
• Explains the federal government's power, and limits on that power, in the area of NSIs
• Describes the investigative tools available to the government, explaining how they work and how they can be challenged
• Provides step-by-step guidance for companies regarding civil and criminal liability for actions involving electronic surveillance
• Covers laws that apply, and issues that arise, when an NSI leads to prosecution or other litigation
"This treatise, essentially the first of its kind, brings much-needed clarity to the sometimes arcane body of law governing national security investigations…The book represents a major contribution to the debate about how to balance liberty and security…required reading for anyone hoping to transcend the mere exchange of platitudes and join a more informed conversation…"
Larry D. Thompson, former Deputy Attorney General of the United States
National Security Investigations and Prosecutions is a deep and thorough explanation of the law that governs the FBI and other government agencies in their most important activities. It offers incisive and clearly expressed legal argument informed by a pragmatic and balanced approach to some of the most significant and difficult issues of our time.
Eric Holder, former Attorney General of the United States
This Third Edition…is scholarly yet practical, adeptly blending history, structure, and operations. It is flush with valuable insights drawn from the considerable experience of its authors, who consistently identify relevant inquiries and then provide thoughtful, balanced responses and approaches. The development…is rich and deep—and always enlightening…the quintessential resource on the topic.
John D. Bates, former Presiding Judge of the FISA Court
"Serious students of national security law will want to come to grips with the authors’ penetrating analysis and comprehensive description of this sensitive arena. Our national security depends on excellent scholarship here."
John Ashcroft, former Attorney General of the United States.
"This treatise, essentially the first of its kind, brings much-needed clarity to the sometimes arcane body of law governing national security investigations…The book represents a major contribution to the debate about how to balance liberty and security…required reading for anyone hoping to transcend the mere exchange of platitudes and join a more informed conversation…"
Larry D. Thompson, former Deputy Attorney General of the United States
"Serious students of national security law will want to come to grips with the authors’ penetrating analysis and comprehensive description of this sensitive arena. Our national security depends on excellent scholarship here."
John Ashcroft, former Attorney General of the United States.
This Third Edition…is scholarly yet practical, adeptly blending history, structure, and operations. It is flush with valuable insights drawn from the considerable experience of its authors, who consistently identify relevant inquiries and then provide thoughtful, balanced responses and approaches. The development…is rich and deep—and always enlightening…the quintessential resource on the topic.
John D. Bates, former Presiding Judge of the FISA Court
Kris and Wilson combine lucid legal analysis with common sense firmly rooted in operational experience, bridging the gap between theory and practice…The difficulty of that task, and the value of the result, are revealed by the fact that it took the U.S. government longer to review and release the book for publication than it did for the authors to write it.
Laurence H. Silberman, Judge, United States Court of Appeals for the District of Columbia Circuit
This Third Edition…is scholarly yet practical, adeptly blending history, structure, and operations. It is flush with valuable insights drawn from the considerable experience of its authors, who consistently identify relevant inquiries and then provide thoughtful, balanced responses and approaches. The development…is rich and deep—and always enlightening…the quintessential resource on the topic.
John D. Bates, former Presiding Judge of the FISA Court
Kris and Wilson combine lucid legal analysis with common sense firmly rooted in operational experience, bridging the gap between theory and practice…The difficulty of that task, and the value of the result, are revealed by the fact that it took the U.S. government longer to review and release the book for publication than it did for the authors to write it.
Laurence H. Silberman, Judge, United States Court of Appeals for the District of Columbia Circuit
"Serious students of national security law will want to come to grips with the authors’ penetrating analysis and comprehensive description of this sensitive arena. Our national security depends on excellent scholarship here."
John Ashcroft, former Attorney General of the United States.
"This treatise, essentially the first of its kind, brings much-needed clarity to the sometimes arcane body of law governing national security investigations…The book represents a major contribution to the debate about how to balance liberty and security…required reading for anyone hoping to transcend the mere exchange of platitudes and join a more informed conversation…"
Larry D. Thompson, former Deputy Attorney General of the United States
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