24TH ANNUAL REVIEW OF THE FIELD OF NATIONAL SECURITY LAW

CO-SPONSORED BY THE

AMERICAN BAR ASSOCIATION STANDING COMMITTEE ON LAW AND NATIONAL SECURITY CENTER FOR NATIONAL SECURITY LAW, UNIVERSITY OF VIRGINIA SCHOOL OF LAW CENTER ON LAW, ETHICS AND NATIONAL SECURITY, DUKE UNIVERSITY SCHOOL OF LAW CENTER ON NATIONAL SECURITY AND THE LAW, GEORGETOWN LAW

NOVEMBER 6, 2014 – NOVEMBER 7, 2014 THE CAPITAL HILTON TH 1001 16 STREET, NW, WASHINGTON, DC

THURSDAY, NOVEMBER 6, 2014

7:30 a.m. Registration, CLE sign-in and Continental Breakfast

8:00 – 8:30 a.m. Conference Overview and Welcome James McPherson Chair ABA Standing Committee on Law and National Security

William Hubbard President American Bar Association

8:30 – 10:30 a.m. Panel I – Executive Branch Updates on Developments in National Security Law

Moderator Benjamin Powell Partner WilmerHale

Discussants Caroline Krass General Counsel Central Intelligence Agency

Robert Litt General Counsel Office of the Director of National Intelligence

Brigadier General Richard C. Gross Legal Counsel to the Chairman of the Joint Chiefs of Staff U.S. Army

Rajesh De General Counsel

Cynthia Ryan General Counsel National Geospatial-Intelligence Agency

John Carlin Assistant Attorney General National Security Division U.S. Department of Justice

10:30 – 10:45 a.m. Break

10:45 – 12:30 p.m. Panel II – Role of the Judiciary in National Security

Moderator Viet Dinh Professorial Lecturer in Law Georgetown University Law Center and Partner, Bancroft PLLC

Discussants The Honorable John D. Bates Judge U.S. District Court for the District of Columbia

The Honorable Judge U.S. Court of Appeals for the D.C. Circuit

The Honorable M. Margaret McKeown Judge U.S. Court of Appeals for the Ninth Circuit

Benjamin Wittes Senior Fellow in Governance Studies Brookings Institution

12:30 – 1:15 p.m. Luncheon Break

Introduction

1:15 – 2:15 p.m. Keynote Address The Honorable Suzanne E. Spaulding Under Secretary National Protection and Programs Directorate U.S. Department of Homeland Security

2:15 – 2:30 p.m. Break

2:30 – 4:15 p.m. Panel III – The Future of Foreign Intelligence

Moderator Laura Donohue Professor of Law & Director Center on National Security and the Law Georgetown Law

Discussants William Banks Professor of Law & Director Institute for National Security and Counterterrorism Syracuse University College of Law Jameel Jaffer Deputy Legal Director American Civil Liberties Union David Kris Executive Vice President & General Counsel Intellectual Ventures Former Assistant Attorney General, National Security Division, U.S. Department of Justice Robert Litt General Counsel Office of the Director of National Intelligence

5:00 p.m. Reception

6:00 p.m. Dinner with Keynote Address - South American Room

“Changes in the World Economy and Its Impact on National Security”

Sir James D. Wolfensohn Chairman & Chief Executive Officer Wolfensohn Fund Management and Former President, The World Bank

FRIDAY, NOVEMBER 7, 2014

8:00 a.m. Continental Breakfast

8:15 – 8:30 a.m. Welcome and Opening Remarks

8:30 – 10:15 a.m. Panel IV – Ethical Issues Facing Lawyers Practicing National Security Law – A Discussion Harvey Rishikof Chair ABA Standing Committee on Law and National Security Advisory Committee

The Honorable James Baker Chief Judge U.S. Court of Appeals for the Armed Forces

10:15 – 10:30 a.m. Break

10:30 – 12:15 p.m. Panel V – The Economic & Financial Threat Domain: Making Smart Sanctions Smarter

Moderator John Norton Moore Walter L. Brown Professor of Law & Director Center for National Security Law University of Virginia School of Law

Discussants Ilan Berman Vice President American Foreign Policy Council

Richard Newcomb Partner DLA Piper Former Director, Office of Foreign Assets Control, U.S. Treasury Department

Steve Perles Senior Attorney & Founder Perles Law Firm, P.C.

Andrew K. Davenport Chief Operating Officer RWR Advisory Group

Juan C. Zarate Chairman Financial Integrity Network Former Deputy National Security Advisor & Former Assistant Secretary of the Treasury

12:15 – 1:15 p.m. Luncheon Break

1:15 – 1:45 p.m. Keynote Address Vice Admiral Nanette DeRenzi The Judge Advocate General U.S. Navy

1:45 – 2:00 p.m. Break

2:00 – 3:30 p.m. Panel VI – Military Justice: Continuity or Change?

Moderator Major General Charles J. Dunlap, Jr., USAF (Ret.) Professor of the Practice of Law & Executive Director Center on Law, Ethics and National Security Duke University School of Law

Discussants Lieutenant General Flora Darpino The Judge Advocate General U.S. Army

Rachel E. VanLandingham Associate Professor of Law Southwestern Law School

Gary D. Solis Professor of Law Georgetown Law

Captain Lindsay L. Rodman, USMC Judge Advocate

3:30 – 5:00 p.m. Panel VII – Cybersecurity – Will We Ever Be Secure?

Moderator Jill D. Rhodes Vice President & Chief Information Security Officer Trustmark Companies

Discussants Judith Miller Co-Chair ABA Cybersecurity Legal Task Force

Susan Ginsburg Principal U.S. Civil Security, LLC.

Keith Lowry Security Liaison Officer Office of Security Operations U.S. Food and Drug Administration

Kathleen Rice Counsel Faegre Baker Daniels

5:00 p.m. CLE sign-out

Sponsors of the Annual Review of the Field of National Security Law Conference

American Bar Association Standing Committee on Law and National Security 1050 Connecticut Avenue, N.W., Suite 400 Washington, DC 20036 TEL: (202) 662-1035 Website: http://www.americanbar.org/natsecurity

Center for National Security Law University of Virginia School of Law 580 Massie Road Charlottesville, VA 22903 TEL: (434) 924-4080 Website: http://www.virginia.edu/cnsl

Center on Law, Ethics and National Security Duke University School of Law Science Drive and Towerview Road Box 90360 Durham, NC 27708 TEL: (919) 613-7137 Website: http://web.law.duke.edu/lens/

Center on National Security and the Law Georgetown Law 600 New Jersey Avenue, NW Washington, DC 20001 TEL: (202) 662-4076 Website: http://www.law.georgetown.edu/cnsl

Luncheon Sponsor The Standing Committee wishes to thank LexisNexis Murrah Center for Homeland Security Law and Policy for their support of this conference Oklahoma City University School of Law