National Security

National security issues often involve difficult questions of constitutional and administrative law.  Massey & Gail’s national security team helps clients navigate the complicated issues businesses face in dealing with national security law and government agencies responsible for national security.  Our team consists of former government officials who have litigated major national security cases involving difficult questions of constitutional, administrative, and international law. For instance, members of the firm (while with the government) litigated the first court of appeals decision regarding a terrorist suspect detained at Guantanamo Bay, questions arising out of the use of “drones” in targeted killing overseas, CIA enhanced interrogation techniques, transportation security, issues arising out of Military Commission proceedings, the use of material witness warrants in terrorism cases, terrorist financing, and challenges to the Terrorist Screening Database.  Our firm has advised clients on national security matters and has prepared U.S. Supreme Court and court of appeals briefs on important questions of national security law. For instance, the firm filed a brief in Maalouf v. Islamic Republic of Iran, 923 F.3d 1095 (2019), a case in which a victim of the 1983 U.S. embassy bombing in Beirut sued Iran for sponsoring the bombing, under the “terrorism exception” to the Foreign Sovereign Immunities Act.  The United States Court of Appeals for the D.C. Circuit adopted our position that a designated state sponsor of terrorism that defaults and does not appear is not entitled to the protections of the statute of limitations. Our firm has also represented telecommunications clients responding to law enforcement subpoenas.