New paper: “The Snowden Affair and the Limits of American Treason”

I am grateful to the good folks at Lincoln Memorial University’s law school for inviting me to speak at their symposium on Edward Snowden and national security earlier this year.  Eastern Tennessee is beautiful country.  The panels were terrific, and included some important figures in national security and journalism.  As part of my participation, I agreed to publish a short paper, entitled, “The Snowden Affair and the Limits of American Treason.”  That paper is now available digitally through the LMU Law Review website, and the link is here.  The print version will be out soon.

As I mentioned in a prior post, I am following up on this with a new research project on the meaning of the Treason Clause and its potential application to the terror-group aiders who are Americans.  I presented an early version of that research recently at a scholarship conference at the University of Toledo College of Law and am grateful for the feedback I received there.  Again, I am considering whether treason charges would be appropriate in cases involving Americans who are recruited by or otherwise attempt to aid international terror groups, cases currently being prosecuted primarily under the material support for terrorism statutes. I hope to post a few thoughts on my project as I work through it.


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