Thorny issues can arise in representing clients who are of interest to the government for reasons related to national security. Such clients may receive requests from the FBI or other law enforcement agencies for voluntary interviews, which can have serious criminal or immigration-related consequences. Ensuring confidentiality in attorney-client communications can pose challenges where the clients may be under surveillance. Such clients may also be subjected to invasive searches during border crossings or other encounters with law enforcement officers.
Compounding the problems for these individuals—and for attorneys representing them—is the lack of an effective means for gathering information about the reasons for the government’s interest in them and obtaining redress for any negative consequences of that interest, including the consequences of inclusion on a government watchlist. Despite these challenges, attorneys can provide valuable guidance and take practical steps to reduce the risk to their clients where national security concerns exist.
Hugh Handeyside is a staff attorney in the ACLU’s National Security Project, where he works on issues related to government watchlisting, racial and religious discrimination, due process, and border-related practices. He is a graduate of Stanford University, the London School of Economics, and the University of Michigan Law School. Mr. Handeyside previously worked for several years on complex litigation matters at Perkins Coie LLP and Corr Cronin Michelson Baumgardner & Preece LLP. From 2011-2012, he clerked for the Hon. John C. Coughenour of the U.S. District Court for the Western District of Washington. Prior to law school, Mr. Handeyside worked for two years at the CIA, where he was an analyst in the Directorate of Intelligence and the Counterterrorism Center.
Easy-to-understand program. Practical tips offered. Good speaking style that is pleasing to listen to.
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