Issues in Homeland and National Security

Introduction: For purposes of this assignment, you are to assume that you are the National Security Advisor to President John Patrick Ryan.

Facts: Jonathan Turncoate is a mid-level employee with the U.S. Department of State. Beginning in January 2006, he began passing classified materials to agents of the Russian F.S.B. (Federal’naya sluzhba bezopasnosti RossiyskoyFederatsii),jokingreferredtoas“KGB2.0”. Atfirstthematerials,althoughclassified,wererelatively minor: A 1995 analysis of N.A.T.O. troop strength in Eastern Europe. Then the documents became more current and valuable in nature: locations of U.S. anti-missile batteries in Poland; the identities of intelligence sources in Kazakhstan, Georgia and Pakistan; design and construction details of the new U.S. Embassy in Moscow; and, finally, the contingency plans for redeployment of U.S. and coalition troops to Iraq.

In December, 2012, as D.S.S. and F.B.I. agents were planning to arrest Turncoate, he crossed the border between the U.S. and Canada and flew to Moscow. There, he has requested political asylum and has resided in Dedovsk, a town several miles northwest of Moscow, since his arrival and debriefing. He has been given a new identity by the Russian government and now goes by the name of Ivan Kostkov. The N.S.A. has received intelligence that Turncoate will be traveling to the Russian Embassy in Islamabad, Pakistan with a Russian intelligence unit. President Ryan has issued a finding that Turncoate/Kostkov represents a clear and present danger to the United States.

Assignment: Your assignment is to prepare a Memorandum to the President (for practical purposes, it should be directed to his Chief of Staff), of no less than eight (8) pages in length, which analyzes the legal issues involved in targeting Mr. Turncoate for execution. To assist in your preparation of the Memorandum, the following sources have been uploaded to Moodle.

ؠGrand Jury Indictment of Adam Gadahn


Ø DOJ White Paper – Killing a U.S. Citizen Abroad

ؠThe Capture versus Kill Debate


Ø Leaker Traitor Whistleblower Spy
ؠThe Navy’s Biggest Betrayal

You may also rely on the definition of Treason in Article III, Section 3 of the U.S. Constitution. The BU Law Review Article provides a great discussion of the elements of treason, both military and non-military) as well as crimes under the Espionage Act.

Your memorandum must include the following sections:

• A Statement of Facts;


• A discussion of the Legal Arguments in support of the proposed action, both pro and con for the

proposed action; and


• A Conclusion endorsing a particular course of action.