In the Common Defense: National Security Law for Perilous Times

The United States faces the realistic and indefinite threat of terrorist attack with nuclear weapons. Whether the United States is successful in preventing such an attack will depend on whether we effectively wield the instruments of security. It will also depend on whether we effectively manage national security processes and apply the law in a manner that both enhances security and upholds our core values. As a result, lawyers, not just presidents, generals, and spies, will decide the outcome of this conflict. This book, first published in 2007, is essential for anyone wanting an understanding of national security law and process. The book includes chapters on constitutional law, the use of force, and homeland security, presented in the context of today's threats and as applied to issues like rendition and electronic surveillance.

Table of Contents:
Introduction; 1. Perilous times - describing the threat; 2. The meaning of national security; 3. The role of national security law; 4. Constitutional law; 5. Electronic surveillance: law applied; 6. National security process; 7. Intelligence; 8. The use of military force; 9. Homeland security; 10. The national security lawyer; Glossary; Attachments.

About the Author :
Judge James Baker was appointed to the United States Court of Appeals for the Armed Forces in 2000. The Court is composed of five civilian judges and appointed for 15 year terms by the President with the advice and consent of the Senate. The Court has appellate jurisdiction over cases arising under the Uniform Code of Military Justice. Decisions of the Court are subject to review by the United States Supreme Court. Judge Baker previously served as Special Assistant to the President and Legal Adviser to the National Security Council, where he advised the President, the National Security Adviser, and the NSC staff on US and international law involving national security, including the use of force, terrorism, arms control, and human rights. Judge Baker also served as Deputy Legal Adviser to the National Security Council and as Counsel to the President's Foreign Intelligence Advisory Board and Intelligence Oversight Board. As an attorney adviser in the Office of the Legal Advisor, Department of State, he provided advice on law enforcement, intelligence, and counter-terrorism ad served as legal adviser to US delegations to various environmental negotiations. Judge Baker served as a legislative aide and acting Chief of Staff to Senator Daniel Moynihan. Judge Baker is the co-author of Regulating Covert Action, as well as numerous articles on national security and criminal law. After graduating from college, Judge Baker received a Reserve commission as a Second Lieutenant in the Marine Corps. He then earned a regular commission at The Basic School before joining the Fleet Marine Corps. Judge Baker is the recipient of the 1999 Colonel Nelson Drew Memorial Award, the NSC's highest honor. He is also the recipient of the Director of Central Intelligence's 'Director's Award'. Judge Baker graduated cum laude from Yale and then from Yale Law School. He teaches national security law at the University of Iowa College of Law and Georgetown University Law Center.

Review :
"Americans want the government to protect them, and they want to be protected from their own government. These two imperatives must coexist. Baker argues persuasively that not only can they coexist, they can reinforce each other." John J. Hamre, President and CEO, Center for Strategic and International Studies "Judge Jamie Baker very ably tackles the central challenge facing our country in the post-9/11 world ensuring our physical security while preserving the integrity of our Constitution and the principles it enshrines." The Honorable William S. Cohen, former Senator and Secretary of Defense "This splendid book should be read by anyone who cares about national security and the law. Jamie Baker has written a clear, thoughtful, and inspiring book that gives the reader an appreciation for national security law and process from the inside out. The book ably explains the substance of the law while placing equal emphasis on the practice of law, and the importance of integrity and courage to that practice. Drawing on his own experience, Baker demonstrates that one can be loyal to our Constitution and the rule of law at the same time that one is dedicated to protecting the physical security of our nation." Janet Reno, Attorney General, Clinton Administration "Judge Baker's book on national security law and process is important reading for policymakers and any citizen interested in America's security. His analysis is clear, compelling, and accessible to the public at large, not just lawyers. Baker's book demonstrates why nonproliferation must form the essential core of U.S. national security law and policy. Baker draws upon his own experiences to demonstrate that the rule of law is not just about liberty, but also about our moral authority and is therefore an essential element of our nation's security." The Honorable Sam Nunn, Former U.S. Senator, currently Co-Chairman of the Nuclear Threat Initiative "Jamie Baker has done a masterful job of simplifying the complex world of the national security process and the applicable laws that govern. A must read for all, lawyers and laymen, interested in the complexities of issues confronting us in the global war on terror." Henry H. Shelton, General USA (Ret), 14th Chairman, Joint Chiefs of Staff "National security law and process matter. Indeed, they are central to effective foreign policy. This superb overview of these critical issues is must reading for all concerned with American leadership in a dangerous world." John Norton Moore, Professor of Law and Director of the Center for National Security Law, University of Virginia; former four term Chairman of the American Bar Association Standing Committee on National Security Law