Summary

Mark Zaid (X, LinkedIn) joins Andrew (X; LinkedIn) to discuss American intelligence and the law. You’ve heard of a “lawyer to the stars,” Mark is the “lawyer to the spies”

What You’ll Learn

Intelligence

The quirks of being a lawyer in this space
How the Espionage Act works in practice
The trial of the Rosenbergs
The origins of FOIA and its purpose
The Legal foundations underpinning espionage and intelligence

Reflections

Challenging authority
The delicate balance of secrecy

And much, much more …

Quotes of the Week

“I still love working every day, 30 years later, because there's still something new. As much as I fight for declassification and transparency, I will at times also see information and learn of events where I go, “Oh, I get it. Yeah, that stuff cannot be known. That's incredible what we did. That's pretty wild.” – Mark Zaid.

Resources

SURFACE SKIM

SpyCasts

Beginner Resources

What Is a Whistleblower? Protections, Law, Importance, and Example, W. Kenton, Investopedia (2022) [Short article]
What is a Lawyer? American Bar Association (2019) [Short article]
Legal System Basics, CrashCourse, YouTube (2015) [8 min. video]

DEEPER DIVE

Books

State of Silence: The Espionage Act and the Rise of America's Secrecy Regime, S. Lebovic (Basic Books, 2023)
Ethel Rosenberg, A. Sebba (Griffin, 2022)
Spies on Trial: True Tales of Espionage in the Courtroom, C. C. Kuhne (Rowman & Littlefield Publishers, 2019)

Primary Sources

A Letter from Aldrich Ames on Polygraph Testing (2000)
Whistle Blower Protection Act (1989)
DoD Polygraph Program (1984)
National Security Decision Directive 84 (1983)
Inspector General Act (1978)
Freedom of Information Act (1966)
Administrative Procedure Act (1946)
Espionage Act (1917)

Wildcard Resource

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“The Skinny on American Intelligence & the Law” – with D.C. “Super Lawyer” Mark Zaid 01:13:35 Share

SpyCast

Shownotes Transcript

“The Skinny on American Intelligence & the Law” – with D.C. “Super Lawyer” Mark Zaid