University of Michigan Law School University of Michigan Law School Scholarship Repository Articles Faculty Scholarship 2015 Intelligence Legalism and the National Security Agency’s Civil Liberties Gap Margo Schlanger University of Michigan Law School,
[email protected] Available at: https://repository.law.umich.edu/articles/1410 Follow this and additional works at: https://repository.law.umich.edu/articles Part of the Constitutional Law Commons, National Security Law Commons, President/ Executive Department Commons, and the Privacy Law Commons Recommended Citation Schlanger, Margo. "Intelligence Legalism and the National Security Agency's Civil Liberties Gap." Harv. Nat'l Sec. J. 6 (2015): 112-205. This Article is brought to you for free and open access by the Faculty Scholarship at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Articles by an authorized administrator of University of Michigan Law School Scholarship Repository. For more information, please contact
[email protected]. 112 Harvard National Security Journal / Vol. 6 ARTICLE Intelligence Legalism and the National Security Agency’s Civil Liberties Gap __________________________ Margo Schlanger* * Henry M. Butzel Professor of Law, University of Michigan. I have greatly benefited from conversations with John DeLong, Mort Halperin, Alex Joel, David Kris, Marty Lederman, Nancy Libin, Rick Perlstein, Becky Richards, and several officials who prefer not to be named, all of whom generously spent time with me, discussing the issues in this article, and many of whom also helped again after reading the piece in draft. I would also like to extend thanks to Sam Bagenstos, Rick Lempert, Daphna Renan, Alex Rossmiller, Adrian Vermeule, Steve Vladeck, Marcy Wheeler, Shirin Sinnar and other participants in the 7th Annual National Security Law Workshop, participants at the University of Iowa law faculty workshop, and my colleagues at the University of Michigan Legal Theory Workshop and governance group lunch, who offered me extremely helpful feedback.