(Papers to be published in Journal of National Security Law & Policy)
Existential threats to the Nation and its legal system abound. The next major terrorist attack on the U.S. homeland, perhaps using a biological or nuclear weapon, could profoundly disrupt established social and economic arrangements. It could even decapitate the government.
While it is human nature to avoid thinking about the worst case until the worst happens, whistling in the dark is not an option. Lawyers help clients anticipate catastrophes by reducing risks and planning for recovery. More broadly, we work to preserve the American values that have brought us this far — including the rule of law itself.
No current plans (that we know about) contemplate a crisis so great that the very foundations of our society might be undermined. And because the public’s cooperation will be critical in recovering from such a crisis, any secret plans are likely to fail.
This program examines the importance of risk perception in planning for the next great domestic crisis. It reviews current DHS plans for recovery, emphasizing restoration of familiar arrangements for self-governance. Ongoing plans for continuity of government are carefully critiqued. And the military’s vital role in recovery, possibly including martial law, is evaluated.
Business Meeting at Program Conclusion.