1:Choose one the following questions to answer: (0ne page ) (see part 4 and Part 5 PPT)
- The Gonzalez letter, responding to Comey’s memo, seems to reveal that the standoff over the program may have been as much about executive power as the legality of “the Program”. Do you agree? What is your rationale?
- How do you interpret this case study? Did the White House break the law and then work to get the rules rewritten when the secret came out? Or, did the President do everything he could to make sure that all the resources of the United States Government where used to keep American’s safe. What is your key piece of evidence to support or refute a side in this debate?
- What lessons can we draw from this case study?
2:Choose one the following questions to answer: (one page) see part 1 PPT
- Clearly the president, and his staff’s, primary objective was to ensure that all government efforts were directed towards detecting further terrorist attacks. What additional objectives, political or otherwise, may the president and his advisers have been pursuing following the 9/11 attacks?
- Do you believe it was President Bush or Vice President Cheney who led the administration efforts to use the unilateral authority of the commander-in-chief to its fullest to meet their policy goals? Why?
- What specific alternative actions are open to the president concerning the program outlined by NSA Director Hayden? Also think about specific constraints that may be restricting the president and opportunities that may be empowering the president.
- What would you do if you were NSA Director Hayden and the president ordered you to implement the program without further legal review?
3:Choose one the following questions to answer: (one page ) see part 2 PPT
- The legality of “the Program” seems to be tied to Article 2 of the Constitution giving the President Commander in Chief authority. Yet, none of the individuals who inadvertently became aware of the existence of “the Program” seemed to consider the possibility it was legal. Why do you think they did not consider the program legal under Article 2? Based on the case materials you have read do you believe “the Program” was legal?
- What actions do you think the individuals who inadvertently became aware of the existence of “the Program” should take? What would the consequences of their actions be? What would you do if you faced the circumstances described in the case?
4:Choose one the following questions to answer: (one page) see Part 3 PPT
- As more people became aware of “the Program” its legal underpinnings seemed to erode. Do you agree or disagree with the White House decision to push the unilateral authority of the commander-in-chief to its fullest to meet their policy goals?
- If you were the President would you pull the plug on “the Program” or push for its continuation? How can you justify your position? Once you have determined your position write and argument supporting the other side. What points do you use to justify the opposite position to the one you personally hold?
- In the intelligence business they say that all of your failures are invariably broadcasted to the media and all your successes are national secrets never to be shared. Based on the information you have read in this case study can we trust the government with such an invasive program? How can we judge the success or failure of a program if we can’t see the results?