¹This chapter was written jointly by: Bryan Cunningham, Principal at Morgan & Cunningham LLC, a Denver-based homeland security consulting and law firm, and formerly Deputy Legal Adviser to the U.S. National Security Council and Assistant General Counsel, Central Intelligence Agency; C. Forrest Morgan, Principal at Morgan & Cunningham LLC, and Amanda Hubbard, Trial Attorney, U.S. Department of Justice with extensive experience in the U.S. Intelligence Community. The authors also gratefully acknowledge the research and analysis assistance of Nir D.Yarden. The views expressed herein are solely those of the authors and do not necessarily represent the views of the publisher or the U.S. government.

²This section drew, in part, from portions of pages 7 11 of Security Assessment: Case Studies for Implementing the NSA IAM, used by permission of Syngress Publishing, Inc.

³ Kennedy v. Mendoza-Martinez , 372 U.S. 144, 160 (1963).

⁴ See, e.g., the 1993 opinion of the U.S. Department of Justice Office of Legal Counsel: The concept of enforcement is a broad one, and a given statute may be enforced by means other than criminal prosecutions brought directly under it. Admissibility of Alien Amnesty Application Information in Prosecutions of Third Parties, 17 Op. O.L.C. (1993); see also the 1898 opinion of Acting Attorney General John K. Richards:

The preservation of our territorial integrity and the protection of our foreign interests is intrusted, in the first instance, to the President.... In the protection of these fundamental rights, which are based upon the Constitution...