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All Things Investigations

All Things Investigations: Episode 18 – Reforming FISA with Kevin Carroll

Welcome to the Hughes Hubbard Anti-Corruption and Internal Investigations Practice Group’s Podcast, All Things Investigations. In this podcast, host Tom Fox and returning guest Kevin Carroll of the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group, highlight some of the key legal issues in white-collar investigations, locally and internationally.

Kevin Carroll is a partner in the firm’s Washington and New York offices, in its white collar and investigations practices. He represents businesses, senior executives, and government officials in congressional and criminal investigations, conducts internal investigations, and litigates national security claims.

Key ideas we discuss in this podcast:

  • The US federal government has used various methods of collecting information since the 19th century. As time went on, these capabilities were found to be abused and used unconstitutionally against US citizens. FISA, or the Foreign Intelligence Surveillance Act of 1978, was created to provide the federal government with rules for gathering information without infringing on citizens’ Fourth Amendment rights.
  • Attorney Durham’s investigations into corruption and the failures to successfully prosecute those involved.
  • The average federal magistrate has substantial experience with the criminal justice system. 
  • The FBI should only allow their sworn academy-trained agents, or, when appropriate, partner with CIA case officers who are graduates of the field tradecraft course, to conduct counterintelligence operations investigations.
  • The difference between signals intelligence and human intelligence.
  • The importance of very robust anti-corruption programs when conducting business and humanitarian efforts in Ukraine.

Resources

Hughes Hubbard & Reed website 

Kevin Carroll on LinkedIn

Durham Russia Probe Acquittals Show Need For FISA Reform