Course Schedule

This seminar focuses on the role of covert action in implementing U.S. foreign and national security policies.  Covert action is a unique mission assigned by executive order to the Central Intelligence Agency (CIA).  Since its founding in 1947, the CIA has undertaken covert activities intended to influence events abroad at the direction of U.S. presidents.  Covert action is often referred to as the “Third Option” between diplomacy and military action.  Through declassification of official records as well as unauthorized disclosures in books, newspapers, and electronic media, the details of many covert programs (principally, but not exclusively, from the Cold War period) are now available to study.  Indeed, many of the most consequential - - and controversial - - actions of the CIA and the presidents the CIA has served in its 70-year existence involved covert actions.            

Building on a foundational understanding of the Executive branch of government, the mechanisms available to develop and implement national security policies, and the capabilities of the CIA, this course will examine why presidents choose to implement their policies through covert means, what benefits and hazards accompany that choice, and the mixed historical record of U.S covert action programs.  In addition to evaluating why and how covert action is engaged as an instrument of U.S power, the course will review Executive and Legislative mechanisms for supervision and oversight of covert action operations, as well as the moral and ethical dilemmas encountered in such programs.  Through lectures, readings, and class discussions, students will become familiar with significant covert action activities in U.S. history.  The course will include at least one example of a covert influence program undertaken by a foreign government.            

In addition to traditional texts and journal articles, students will be exposed to primary public policy sources including statutes, executive orders, presidential directives, and declassified records  related to U.S. intelligence.  Intelligence and national security debates touching on covert action (…that are certain to arise during the semester) will be integrated into the class.  Students will be expected to post a comment on each week’s assigned readings prior to class, to join in class discussions on the readings, to review a book related to covert action that is not already on the syllabus, and to prepare a research paper that evaluates a historical covert action program not studied in class.  Toward the close of the semester, students will participate in a role-playing exercise centered on preparing a notional presidential order or “finding” authorizing a new covert program.  Seminar participants will have the opportunity to engage current and former senior intelligence officials who visit Austin (virtually, if not in-person) in connection with Intelligence Studies Project events.

The topic of covert action was for many decades impractical to approach in an appropriately factual, rigorous, and balanced manner because of the secrecy that surrounds these government programs. There is now a sufficiently rich factual record on which to debate and shape judgments about the legality, efficacy, and long-term impact of U.S. covert programs from the modern era.  Students will be exposed to many of these materials and invited to reach their own conclusions about this unique policy tool.

This seminar is not principally designed to develop the professional skills of participants, however, there will be several opportunities to conduct relevant research, draft reports, and make short oral presentations to the class.       

Texts/Readings (Illustrative only):

Christopher Andrew, For the President’s Eyes Only: Secret Intelligence and the American Presidency from Washington to Bush (1995)                        

John Prados, Safe for Democracy: the Secret Wars of the CIA (2006)

William Daugherty, Executive Secrets – Covert Action and the Presidency (2006)

Frances Stonor Saunders, the Cultural Cold War – the CIA and the World of Arts and Letters (2013)

Stephen Kinzer, All the Shah’s Men – An American Coup and the Roots of Middle East Terror (2008)

Steve Coll, Ghost Wars – the Secret History of the CIA, Afghanistan, and Bin Ladin, from the Soviet Invasion to September 10, 2001 (2004) 

Robert  Grenier, 88 Days to Kandahar  - A CIA Diary (2015) 

James M. Olsen, Fair Play - the Moral Dilemmas of Spying (2006)

Assignments:

Weekly comment on reading(s)  20%

Informed class/exercise participation  20%

Book review  20%

Research paper (12-15 pages)  40%

This course deals with the judicial phase of the criminal justice process, beginning from the initial decision to bring criminal charges, through the pretrial and trial processes, and concluding with sentencing.  The major focus is opinions of the United States Supreme Court imposing federal constitutional limitations on criminal procedure.  Course coverage includes the following topics: the decision to initiate prosecution; bail and pretrial detention; the grand jury; the right to the effective assistance of counsel; the right to a speedy trial; discovery and disclosure of evidence; plea bargaining; the right to an impartial trial; the right to a jury; double jeopardy; and sentencing. Study of decisions of the United States Supreme Court is supplemented by examination of selected provisions of the Federal Rules of Criminal Procedure, typical federal and state statutes, and opinions of the lower federal and state courts. In addition to regular class preparation and participation, students will be required to complete an experiential assignment, in which they will witness some aspect of criminal adjudication relevant to the course and reflect on that experience in writing. This course satisfies the Con Law II requirement.

Promulgation, interpretation, and administration of substantive laws of crime; constitutional limitations and relevant philosophical, sociological, and behavioral science materials.

Promulgation, interpretation, and administration of substantive laws of crime; constitutional limitations and relevant philosophical, sociological, and behavioral science materials.

Promulgation, interpretation, and administration of substantive laws of crime; constitutional limitations and relevant philosophical, sociological, and behavioral science materials.

Promulgation, interpretation, and administration of substantive laws of crime; constitutional limitations and relevant philosophical, sociological, and behavioral science materials.

Promulgation, interpretation, and administration of substantive laws of crime; constitutional limitations and relevant philosophical, sociological, and behavioral science materials.

 This is a course about substantive criminal law. We will be discussing what conduct should and should not be considered a crime as well as how we define various crimes. We will spend considerable time reading and learning how to interpret statutes.

Promulgation, interpretation, and administration of substantive laws of crime; constitutional limitations and relevant philosophical, sociological, and behavioral science materials.

 This is a course about substantive criminal law. We will be discussing what conduct should and should not be considered a crime as well as how we define various crimes. We will spend considerable time reading and learning how to interpret statutes.

Promulgation, interpretation, and administration of substantive laws of crime; constitutional limitations and relevant philosophical, sociological, and behavioral science materials.

Promulgation, interpretation, and administration of substantive laws of crime; constitutional limitations and relevant philosophical, sociological, and behavioral science materials.

Promulgation, interpretation, and administration of substantive laws of crime; constitutional limitations and relevant philosophical, sociological, and behavioral science materials.

Promulgation, interpretation, and administration of substantive laws of crime; constitutional limitations and relevant philosophical, sociological, and behavioral science materials.

Promulgation, interpretation, and administration of substantive laws of crime; constitutional limitations and relevant philosophical, sociological, and behavioral science materials.

Promulgation, interpretation, and administration of substantive laws of crime; constitutional limitations and relevant philosophical, sociological, and behavioral science materials.

 This is a course about substantive criminal law. We will be discussing what conduct should and should not be considered a crime as well as how we define various crimes. We will spend considerable time reading and learning how to interpret statutes.

Promulgation, interpretation, and administration of substantive laws of crime; constitutional limitations and relevant philosophical, sociological, and behavioral science materials.

Promulgation, interpretation, and administration of substantive laws of crime; constitutional limitations and relevant philosophical, sociological, and behavioral science materials.

Promulgation, interpretation, and administration of substantive laws of crime; constitutional limitations and relevant philosophical, sociological, and behavioral science materials.

 This is a course about substantive criminal law. We will be discussing what conduct should and should not be considered a crime as well as how we define various crimes. We will spend considerable time reading and learning how to interpret statutes.

Promulgation, interpretation, and administration of substantive laws of crime; constitutional limitations and relevant philosophical, sociological, and behavioral science materials.

Promulgation, interpretation, and administration of substantive laws of crime; constitutional limitations and relevant philosophical, sociological, and behavioral science materials.

Promulgation, interpretation, and administration of substantive laws of crime; constitutional limitations and relevant philosophical, sociological, and behavioral science materials.

Promulgation, interpretation, and administration of substantive laws of crime; constitutional limitations and relevant philosophical, sociological, and behavioral science materials.