NATHAN ALEXANDER SALES Syracuse University College of Law (315) 443-3121 [email protected]

EXPERIENCE

SYRACUSE UNIVERSITY COLLEGE OF LAW, Syracuse, NY  Associate Professor of Law (May 2014-present).  Courses taught: national security law; administrative law; constitutional law; criminal law.

GEORGE MASON UNIVERSITY SCHOOL OF LAW, Arlington, VA  Assistant Professor of Law (January 2008-May 2014).  Committees: Admissions and Minority Recruitment Committee (2011-12); Curriculum Committee (2011- 12); Adjuncts, Clinics, and Law Reviews Committee (2010-11; 2012-13); Clerkships and Placement Committee (2008-11); Workshop Series Committee (2009-10; 2012-13).  Other service: Director, Homeland & National Security Curriculum (2008-14); Faculty advisor, National Security Law Journal (2012-14).  Selected by students as 2012 commencement speaker.

UNITED STATES DEPARTMENT OF HOMELAND SECURITY, OFFICE OF POLICY, Washington, DC  Deputy Assistant Secretary for Policy Development (July 2006-December 2007).  Areas of responsibility included intelligence, information sharing, terrorist travel, and border security. Led DHS’s efforts to draft and implement legislation strengthening security features of, and expanding membership in, Visa Waiver Program (which allows citizens of certain countries to travel to the United States without a visa). Headed U.S. delegation in talks with seven countries to implement new visa waiver security measures; served as Secretary of Homeland Security’s Special Envoy to South Korea. Managed staff of 70 directors, analysts, and support personnel.

GEORGETOWN UNIVERSITY LAW CENTER, Washington, DC  John M. Olin Fellow (October 2005-July 2006).

WILEY REIN LLP, Washington, DC  Associate (November 2003-July 2005).  Member of firm’s appellate and litigation practice groups. Represented clients in litigation before federal courts, state courts, and administrative agencies on issues including First Amendment, Takings Clause, Administrative Procedure Act, Communications Act, appropriations law, white collar criminal law, and federal preemption.

UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF LEGAL POLICY, Washington, DC  Special Counsel (July 2005-October 2005); Senior Counsel (June 2003-October 2003); Counsel (August 2001-June 2003).  Participated in developing and implementing various counterterrorism initiatives, including USA PATRIOT Act and Attorney General’s investigative guidelines. Vetted and planned confirmation strategy for nominees to appellate and district courts. Managed Justice Department “war room” during confirmation of Chief Justice John Roberts.  Received Attorney General’s Award for Exceptional Service (Justice Department’s highest honor) in 2002, for role in drafting USA PATRIOT Act. Received Attorney General’s Distinguished Service Award in 2003, for role in judicial confirmation process.

UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, Washington, DC  Law Clerk to the Honorable David B. Sentelle (July 2000-July 2001).

EDUCATION

DUKE UNIVERSITY SCHOOL OF LAW, Durham, NC  J.D., magna cum laude, May 2000.  Honors: Order of the Coif; Administrative Practice and Government Regulation Award.  Activities: Duke Law Journal, Research Editor.

MIAMI UNIVERSITY, Oxford, OH  B.A., summa cum laude, in History & Political Science, May 1997.  Honors: Phi Beta Kappa; University Honors.

ACADEMIC PUBLICATIONS

Domesticating Programmatic Surveillance: Some Thoughts on the NSA Controversy, 10 ISJLP 523 (2014).

Regulating Cyber-security, 107 NW. U. L. REV. 1503 (2013).

Self Restraint and National Security, 6 J. NAT’L SEC. L. & POL’Y 227 (2012) (peer reviewed).

Terrorist Detention Policy, in OXFORD ENCYCLOPEDIA OF AM. POL. & LEGAL HIST. (2012).

Mending Walls: Information Sharing After the USA PATRIOT Act, 88 TEX. L. REV. 1795 (2010).

Share and Share Alike: Intelligence Agencies and Information Sharing, 78 GEO. WASH. L. REV. 279 (2010).

Homeland Security, Information Policy, and the Transatlantic Alliance, in LEGAL ISSUES IN THE STRUGGLE AGAINST TERROR 277 (John Norton Moore & Robert F. Turner eds.; Carolina Academic Press; 2010) (with Stewart A. Baker).

The Rest Is Silence: Chevron, Jurisdictional Questions, and Statutory Silences, 2009 U. ILL. L. REV. 1497 (2009) (with Jonathan H. Adler), cited with approval in City of Arlington v. FCC, 569 U.S. __ (2013) (Roberts, C.J., dissenting).

Run for the Border: Laptop Searches and the Fourth Amendment, 43 U. RICH. L. REV. 1091 (2009). Secrecy and National Security Investigations, 58 ALA. L. REV. 811 (2007).

Classical Republicanism and the Fifth Amendment’s “Public Use” Requirement, 49 DUKE L.J. 339 (1999), cited with approval in Kelo v. City of New London, Conn., 545 U.S. 469, 505, 509, 510 (2005) (Thomas, J., dissenting).

OTHER PUBLICATIONS

Reform Could Create More Privacy Concerns, N.Y. TIMES (May 27, 2014).

NSA Privacy Breaches: The Bad and the Good, NAT’L REV. ONLINE (Aug. 16, 2013).

Bradley Manning Is the Poster Child for Failing to Prevent Leaks, U.S. NEWS & WORLD REP. (July 31, 2013).

Viewpoints: The Bradley Manning Verdict, BBC NEWS (July 30, 2013).

Interrogation After Boston, NAT’L REV. ONLINE (May 10, 2013).

Was the Boston Bomber’s Interrogation Cut Short?, U.S. NEWS & WORLD REP. (Apr. 24, 2013).

2 Obama Keeps al Qaeda at Bay, but Handcuffs the CIA as Well, U.S. NEWS & WORLD REP. (May 2, 2012).

A Vital Weapon, N.Y. TIMES (Sept. 8, 2011).

Patriot Act Fits Tea Party Standards, POLITICO (May 26, 2011) (with Rep. Steve King).

Who’s Afraid of the PATRIOT Act?, NAT’L REV. ONLINE (Feb. 15, 2011).

An Airport-Security Alternative, NAT’L REV. ONLINE (Nov. 20, 2010).

Information Sharing and Agency Self Interest, CIP REPORT (May 2010).

Connecting the Dots and the Christmas Plot, HARV. NAT’L SEC. J. FORUM (Jan. 26, 2010).

Information Sharing and the Christmas Bomber, NAT’L REV. ONLINE (Jan. 21, 2010).

Corporate Welfare for Mickey Mouse, NAT’L REV. ONLINE (Oct. 5, 2009).

Targeted Killings, NAT’L REV. ONLINE (Aug. 20, 2009).

. . . And National Security Questions, RICHMOND TIMES-DISPATCH (May 27, 2009).

When Skies Become Unfriendly, NAT’L REV. ONLINE (Mar. 11, 2009).

The Patriot Act Isn’t Broken, CHRISTIAN SCIENCE MONITOR (Mar. 5, 2009).

Run for the Border: Laptop Searches and the Fourth Amendment, AM. BAR ASS’N NAT’L SEC. L. REPORT (Nov./Dec. 2008).

Run for the Border: Laptop Searches and the Fourth Amendment, NAT’L REV. ONLINE (June 26, 2008).

Exit Stage Right: Taking Border Control Seriously, NAT’L REV. ONLINE (Apr. 24, 2008).

Members Only: Securing the Visa Waiver Program, NAT’L REV. ONLINE (Feb. 27, 2008).

SELECTED PRESENTATIONS

Target Acquired? U.S. Foreign Surveillance Programs, Civil Liberties, and Data Privacy in the Wake of the Snowden Disclosures, Suffolk University Law School, Apr. 24, 2014 (Suffolk Transnational Law Review symposium).

I Always Feel Like Somebody’s Watching Me: Privacy, Security, and the NSA.  Houston, Texas, Apr. 4, 2014 (lecture sponsored by Houston lawyers chapter).  South Texas College of Law, Apr. 3, 2014 (lecture sponsored by Federalist Society).  Columbia Law School, Feb. 27, 2014 (debate sponsored by Federalist Society).  Emory University School of Law, Oct. 24, 2013 (lecture sponsored by Federalist Society).  Georgia State University College of Law, Oct. 24, 2013 (lecture sponsored by Federalist Society).  Western State College of Law, Sept. 6, 2013 (lecture sponsored by Federalist Society).  Pepperdine University School of Law, Sept. 5, 2013 (lecture sponsored by Federalist Society).  Loyola Law School, Sept. 5, 2013 (lecture sponsored by Federalist Society).

Phone Records and the NSA: Protecting America vs. Protecting Americans’ Privacy, Mar. 27, 2014 (symposium sponsored by Georgetown Journal of Law & Public Policy).

3 Whistleblowers, Leakers, and Traitors: An Evolving Paradigm, Law Center, Feb. 25, 2014 (symposium sponsored by Center on National Security and the Law and Journal of National Security Law & Policy).

The NSA, Security, Privacy, and Intelligence, Washington, DC, Feb. 24, 2014 (symposium sponsored by Federalist Society).

Cybersecurity in the 21st Century: New Opportunities for Old Allies, Budapest, Hungary, Jan. 30, 2014 (keynote address at international cybersecurity conference).

Attack of the Drones: The Law and Policy of Targeted Killing.  University of South Carolina School of Law, Jan. 23, 2014 (debate sponsored by Federalist Society).  Charleston School of law, Jan. 23, 2014 (lecture sponsored by Federalist Society).  Columbia Law School, Sept. 22, 2011 (debate sponsored by Federalist Society).

Interrogation After the Boston Bombing.  Boston College Law School, Nov. 26, 2013 (debate sponsored by Federalist Society).  Northeastern University School of Law, Nov. 5, 2013 (lecture sponsored by Federalist Society).

Regulating Cyber-security.  Syracuse University College of Law, Oct. 9, 2013 (faculty workshop).  South Texas College of Law, May 18, 2012 (Fifth Annual National Security Law Faculty Workshop).  Tbilisi, Georgia, Feb. 10, 2012 (lecture sponsored by Georgia Ministry of Justice).

Cyber Threats & Cyber Realities, Roger Williams University School of Law, June 18-19, 2013.

The Search for Privacy and Security in the Internet’s Modern Era, Washington, DC, June 14, 2013 (panel at American Constitution Society National Convention).

Cybersecurity—Information Sharing, Privacy, Regulation, and Reason, May 8, 2013 (Federalist Society teleforum).

Drone Warfare in 2030, Washington College of Law, Apr. 18, 2013 (panel discussion). The Drone Wars, School of Law, Apr. 10, 2013 (panel sponsored by Muslim Law Students Association and Students for Liberty).

CyberThreats & The Economy: New Strategies to Secure Our Economy from Cyber Depredation, George Mason University School of Law, Apr. 9, 2013 (conference sponsored by American Center for Democracy and Center for Infrastructure Protection).

For the Sake of National Security: Plugging in the Leaks, Feb. 21, 2013 (Federalist Society teleforum).

The Future of Administrative Law, George Mason University School of Law, Feb. 15, 2013 (panel at annual Transatlantic Law Forum conference).

Take a Leak: Classified Information and the Espionage Act.  Duke Law School, Oct. 11, 2012 (lecture sponsored by Federalist Society).  NYU Law School, Sept. 28, 2012 (lecture sponsored by Federalist Society).  Columbia Law School, Sept. 27, 2012 (lecture sponsored by Federalist Society).

Instructor, Summer School on Constitutional and Human Rights Law, Constitutional Court of Georgia and Ilia State University, Batumi, Georgia, July 23-25, 2012.

Discussant, Fifth Annual Privacy Law Scholars Conference, George Washington University Law School, June 7-8, 2012.

4 National Security Judicial Deference: Lessons Learned and Challenges for the Future, Duke Law School, Apr. 13, 2012 (panel at conference sponsored by Center on Law, Ethics, and National Security).

Detention, Interrogation and Trial of Terrorist Suspects – 10 Years Later, Washington, DC, Apr. 5, 2012 (symposium sponsored by Federalist Society).

TSA Meets T&A: Body Scanners and Airport Security.  Arizona State University Sandra Day O’Connor College of Law, Mar. 15, 2012 (lecture sponsored by Federalist Society).  University of Denver Sturm College of Law, Feb. 10, 2011 (debate sponsored by Colorado Bar Association).  University of Colorado at Boulder School of Law, Feb. 10, 2011 (lecture sponsored by Federalist Society).

Constitutional Interpretation, Institutions, and Legitimacy: Comparative Perspectives, Bazaleti, Georgia, Feb. 9, 2012 (lecture sponsored by Free University of Tbilisi School of Law and Georgia Constitutional Court).

Post-WikiLeaks Era Tensions in National Security Information Sharing and Safeguarding, Washington, DC, Dec. 15, 2011 (Sixth Annual Department of Homeland Security Intelligence and National Security Law Conference).

The War-on-Terror Government, Washington, DC, Nov. 11, 2011 (panel at Federalist Society National Lawyers Convention).

Habits of Compliance? International Law and the Executive, Fordham University School of Law, Oct. 21, 2011 (panel at International Law Weekend, American Branch of the International Law Association).

Who’s Afraid of the PATRIOT Act?  Brooklyn Law School, Sept. 22, 2011 (lecture sponsored by Federalist Society).  University of Cincinnati College of Law, Sept. 8, 2011 (debate sponsored by Federalist Society).  University of Louisville Louis D. Brandeis School of Law, Sept. 8, 2011 (debate sponsored by American Constitution Society and Federalist Society).  Columbia Law School, Apr. 7, 2011 (lecture sponsored by Federalist Society).  Touro College Jacob D. Fuchsberg Law Center, Mar. 31, 2011 (debate sponsored by ACLU and Federalist Society).  Rutgers School of Law – Newark, Mar. 30, 2011 (debate sponsored by Federalist Society).  Thomas M. Cooley School of Law, Mar. 19, 2009 (lecture sponsored by Federalist Society).  University of Michigan School of Law, Mar. 19, 2009 (lecture sponsored by Federalist Society).

Extend, Amend, or Repeal? The PATRIOT Act at Ten, Georgetown University Law Center, Mar. 23, 2011 (panel sponsored by Center on National Security and the Law).

Judicial Reform: The American Experience.  University of Craoiva (Romania), Mar. 5, 2011.  Bratislava, Slovakia, Mar. 2, 2011.

Self Restraint and National Security, University of Richmond School of Law, Dec. 10, 2010 (Virginia Junior Faculty Forum).

Coercive Interrogation and Civil Liberties, Arlington, Virginia, Oct. 8, 2010 (instructor at Air Force Judge Advocate General conference).

Skating on Stilts: Why We Aren’t Stopping Tomorrow’s Terrorism, Georgetown University, Sept. 23, 2010 (participant in panel discussion of eponymous book by Stewart A. Baker).

The Relevance of Risk Management and Information Sharing to Homeland Security, Arlington, Virginia, Mar. 30, 2010 (conference sponsored by Center for Infrastructure Protection).

5 Profiling and National Security, St. Louis University School of Law, Mar. 26, 2010 (debate sponsored by Al-Ghazali Legal Society, Black Law Students Association, and Federalist Society).

The Interrogation and Torture of Enemy Combatants.  The Ohio State University Moritz College of Law, Sept. 22, 2010 (debate sponsored by Federalist Society).  Capital University Law School, Sept. 22, 2010 (lecture sponsored by Federalist Society).  University of Notre Dame Law School, Mar. 25, 2010 (debate sponsored by Federalist Society).

The Transformation of U.S. Interrogation Policy, American Association of Law Schools Annual Meeting, Jan. 9. 2010.

National Security Law – Current Issues, Arlington, Virginia, Oct. 1, 2009 (instructor at Air Force Judge Advocate General conference).

Law as a Product – and a Problem, Bucerius Law School (Hamburg, Germany), Sept. 3, 2009 (panel at annual Transatlantic Law Forum conference).

Counterterrorism and the Obama Administration, Washington, DC, May 28, 2009 (symposium sponsored by Federalist Society).

Detaining Suspected Terrorists: Past, Present, and Future, University of Richmond School of Law, Apr. 2, 2009 (Richmond Law Review 2009 Allen Chair Symposium).

Share and Share Alike: Intelligence Agencies and Information Sharing, University of Texas School of Law, Mar. 13, 2009 (Second Annual National Security Law Faculty Workshop).

Laptop Searches and the Fourth Amendment.  UCLA School of Law, Oct. 16, 2008 (lecture sponsored by Federalist Society).  USC School of Law, Oct. 16, 2008 (debate sponsored by Law School Democrats and Federalist Society).  Chapman University School of Law, Oct. 17, 2008 (lecture sponsored by Federalist Society).

Terrorist Travel and the Visa Waiver Program, Heritage Foundation, June 7, 2007.

Homeland Security, Information Policy, and the Transatlantic Alliance, School of Law, May 12, 2007 (lecture sponsored by Center for National Security Law).

Secrecy and National Security Investigations.  George Mason University School of Law, Dec. 6, 2006 (faculty workshop).  University of Nebraska School of Law, Dec. 4, 2006 (faculty workshop).  Brooklyn Law School, Nov. 27, 2006 (faculty workshop).  Georgetown University Law Center, May 4, 2006 (faculty workshop).

Should Congress Renew the USA PATRIOT Act?, Vanderbilt University Law School, Mar. 29, 2005 (debate sponsored by Federalist Society).

Habeas Corpus for Alien Enemy Fighters in the War on Terror? The Implications of the Guantanamo Case, National Press Club, Apr. 15, 2004 (debate sponsored by Federalist Society).

The USA PATRIOT Act: Old Wine in New Bottles, College Station, Texas, Jan. 24, 2004 (debate sponsored by Texas Lyceum Association).

Civil Liberties vs. National Security, University of Texas Lyndon B. Johnson School of Public Affairs, Apr. 16, 2003 (debate sponsored by Distinguished Visiting Tom Slick Professorship of World Peace).

6 Ordered Liberty in an Age of International Terrorism, Miami University, Nov. 11, 2002 (Lloyd and Mary O’Hara Lecture in Law and Politics).

Civil Liberties and National Security in an Age of Terrorism, Shawnee State University, Mar. 11, 2002 (debate sponsored by university honors program).

Are You Safe?: A Panel on Civil Liberties vs. Domestic Security, New York University School of Law, Dec. 6, 2001 (debate sponsored by Amnesty International).

CONGRESSIONAL AND OTHER TESTIMONY

Surveillance Programs Operated Pursuant to Section 215 of the USA PATRIOT Act and Section 702 of the Foreign Intelligence Surveillance Act: Hearing Before the Privacy and Civil Liberties Oversight Bd., July 9, 2013.

National Security Leaks and the Law: Hearing Before the Subcomm. on Crime, Terrorism, and Homeland Security of the H. Comm. on the Judiciary, 112th Cong. (2012).

The Reauthorization of the PATRIOT Act: Hearing Before the Subcomm. on Crime, Terrorism, and Homeland Security of the H. Comm. on the Judiciary, 112th Cong. (2011), reprinted in CURRENT CONTROVERSIES: ESPIONAGE AND INTELLIGENCE (Sylvia Engdahl ed., 2012).

Implementing the 9/11 Act Mandates for Enhancing the Visa Waiver Program: Hearing Before the Subcomm. on Border, Maritime, and Global Counterterrorism of the H. Comm. on Homeland Security, 110th Cong. (2008).

Laptop Searches and Other Violations of Privacy Faced by Americans Returning from Overseas Travel: Hearing Before the Subcomm. on the Constitution, Civil Rights, and Property Rights of the S. Comm. on the Judiciary, 110th Cong. (2008).

Expanding the Visa Waiver Program, Enhancing Transatlantic Relations: Hearing Before the Subcomm. on of the H. Comm. on Foreign Affairs, 110th Cong. (2007). Testimony on H.R. 4890, the Legislative Line Item Veto Act of 2006, Before the H. Comm. on the Budget, 109th Cong. (2006) (with Viet D. Dinh).

SELECTED MEDIA APPEARANCES

BBC World News, Dec. 17, 2013 (television broadcast about legality of NSA surveillance programs).

BBC News at Ten, BBC One, Aug. 21, 2013 (television broadcast about Bradley Manning leaks trial).

Today, BBC Radio 4, Aug. 14, 2013 (radio broadcast about leaks of classified information).

Conor Friedersdorf, How Secrecy Has Already Corroded Our Democracy, THE ATLANTIC, Aug. 8, 2013.

Pema Levy, NSA Surveillance Scandal: All Personal Records Are Relevant Is a Slippery Legal Theory to Stand On, INT’L BUS. TIMES, July 30, 2013.

Pema Levy, NSA Controversy: The Supreme Court Case that Could Determine the Fate of NSA Surveillance, INT’L BUS. TIMES, July 15, 2013.

Nicole Greenstein, Reconciling Privacy and Security Post-Snowden, TIME, July 11, 2013.

Washington Journal, C-SPAN, June 15, 2013 (television broadcast about USA PATRIOT Act and NSA surveillance programs).

7 Fox 5 Morning News, Washington, DC, Apr. 23, 2013 (television broadcast about Boston Marathon bombing).

The Conversation, Seattle National Public Radio, May 25, 2011 (radio broadcast about reauthorization of USA PATRIOT Act).

Impact, BBC World News, Dec. 14, 2010 (television broadcast about WikiLeaks and publication of classified information).

The Hub, BBC World News, Dec. 8, 2010 (television broadcast about WikiLeaks and publication of classified information).

Fox 5 Morning News, Washington, DC, Sept. 1, 2010 (television broadcast about aviation security and terrorism).

Editorial, Felonious Flying: Terrorism Law’s Expansion Goes Too Far in Trying to Control Unruly Airline Passengers, LAS VEGAS SUN, Jan. 26, 2009.

Ralph Vartabedian & Peter Pae, In-Flight Confrontations Can Lead to Terrorism Charges, L.A. TIMES, Jan. 20, 2009.

Jerry Markon, Ex-CIA Official Pleads Guilty to Fraud, WASH. POST, Sept. 30, 2008.

Ellen Nakashima, Expanded Powers to Search Travelers at Border Detailed, WASH. POST, Sept. 23, 2008.

Matthew Barakat, Ex-CIA Exec Facing Trial Says He’ll Expose Agents, ASSOC. PRESS, Sept. 9, 2008.

Alexandra Marks, U.S. Defends Laptop Searches at the Border, CHRISTIAN SCIENCE MONITOR, July 10, 2008.

Austin Bogues, Laptop Searches in Airports Draw Fire at Senate Hearing, N.Y. TIMES, June 26, 2008.

Jay Solomon & Siobhan Gorman, Passport Breaches Fuel Concerns, WALL STREET J., Mar. 22, 2008.

Trial Heat, Court TV, Dec. 20, 2005 (television broadcast about Supreme Court confirmation process).

To the Point, Public Radio International, Aug. 20, 2004 (radio broadcast about intelligence gathering and First Amendment rights).

The Connection, National Public Radio, Aug. 19, 2004 (radio broadcast about intelligence gathering and First Amendment rights).

OTHER ACTIVITIES

Invited participant, Office of the Director of National Intelligence workshop for outside experts on reforming NSA telephony metadata program (Feb. 11, 2014).

Member and Reporter, American Bar Association Task Force on Foreign Intelligence Surveillance Act (2010-present).

Visa Waiver Program: A Plan to Build on Success, report of Heritage Foundation task force (June 12, 2009).

Homeland Security 3.0: Building a National Enterprise to Keep America Safe, Free, and Prosperous, report of task force chaired by Center for Strategic and International Studies and Heritage Foundation (Sept. 18, 2008).

Sixteenth Annual National Security Law Institute, Center for National Security Law, University of Virginia School of Law (June 1-13, 2008).

8 PROFESSIONAL AFFILIATIONS

Virginia State Bar. District of Columbia Bar. United States Court of Appeals for the District of Columbia Circuit. United States District Court for the District of Columbia.

August 19, 2014

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