Partner, Gibson Dunn
David P. Burns is a litigation partner in the Washington, D.C., office of Gibson, Dunn & Crutcher. His practice focuses on white-collar criminal defense, internal investigations, national security, and regulatory enforcement matters. Mr. Burns represents corporations and executives in federal, state, and regulatory investigations involving securities and commodities fraud, sanctions and export controls, theft of trade secrets and economic espionage, the Foreign Agents Registration Act, accounting fraud, the Foreign Corrupt Practices Act, international and domestic cartel enforcement, health care fraud, government contracting fraud, and the False Claims Act.
Prior to re-joining the firm, Mr. Burns served in senior positions in both the Criminal Division and National Security Division of the U.S. Department of Justice. Most recently, he served as Acting Assistant Attorney General of the Criminal Division, where he led more than 600 federal prosecutors who conducted investigations and prosecutions involving securities fraud, health care fraud, Foreign Corrupt Practices Act violations, public corruption, cybercrime, intellectual property theft, money laundering, Bank Secrecy Act violations, child exploitation, international narcotics trafficking, human rights violations, organized and transnational crime, gang violence, and other crimes, as well as matters involving international affairs and sensitive law enforcement techniques. Prior to joining the Criminal Division, Mr. Burns served as the Principal Deputy Assistant Attorney General of the National Security Division from September 2018 to December 2020. In that role, he supervised the Division’s investigations and prosecutions, including counterterrorism, counterintelligence, economic espionage, cyber hacking, FARA, disclosure of classified information, and sanctions and export controls matters. He also spent five years as an Assistant United States Attorney in the Southern District of New York, Criminal Division, from 2000 to 2005.
Counsel, Debevoise & Plimpton
Carter Burwell is a litigation counsel based in the Washington, D.C. office of Debevoise & Plimpton and a member of the firm’s White Collar & Regulatory Defense practice. His practice focuses on white collar criminal defense, government investigations and internal investigations, and national security matters.
Mr. Burwell joins Debevoise with more than 15 years of experience in senior roles across the federal government. Most recently, Mr. Burwell served as Counselor to the Secretary of the Treasury for Terrorism and Finance Intelligence, where he advised on matters involving financial sanctions and illicit finance, international corruption and human rights abuses and digital assets. At Treasury, Mr. Burwell worked directly with the National Security Council, other senior executive branch officials, foreign leaders and the private sector to develop and implement policies to protect domestic and international financial systems from national security threats. He also participated in the CFIUS review process and advanced anti-money laundering reforms under the Bank Secrecy Act.
Prior to his role at the Treasury Department, Mr. Burwell served as one of the top lawyers on the U.S. Senate Judiciary Committee, including as Chief Counsel to former Assistant Majority Leader and U.S. Senator John Cornyn and as Counsel to former Chairman and U.S. Senator Chuck Grassley. In the Senate, Mr. Burwell worked on bipartisan efforts to modernize national security and technology laws, reform the criminal justice system and conduct rigorous oversight of government officials and the private sector on matters of national consequence. Mr. Burwell also served as an Assistant U.S. Attorney in the Violent Crime and Terrorism Unit in the U.S. Attorney's Office in the Eastern District of New York (EDNY) and in the National Security and International Crimes Unit in the U.S. Attorney’s Office in the Eastern District of Virginia (EDVA). As a federal prosecutor at EDNY and EDVA, Mr. Burwell supervised and participated in a wide variety of investigations and prosecutions involving international and domestic terrorist groups, international cartels and racketeering organizations, as well as financial and cyber crimes. He successfully tried numerous cases to verdict and briefed and argued appeals in the U.S. Court of Appeals.
Earlier on in his career, Mr. Burwell served as a law clerk to U.S. District Court Judge Gleeson, now a Debevoise litigation partner, before going on to clerk on the U.S. Court of Appeals for the D.C. Circuit for the Hon. Judge Karen Henderson. Mr. Burwell was also a litigation associate at another international law firm.
He received his J.D. from the University Virginia School of Law in 2002, an M.Phil from the University of Cambridge in 1998, and his B.A. from Columbia College in 1996.
Chair, Public Interest Declassification Board
Ezra A. Cohen is chair of the Public Interest Declassification Board and an adjunct fellow at Hudson Institute, focusing on intelligence policy.
Prior to joining Hudson Institute, Mr. Cohen was the acting under secretary of defense for intelligence and security and director for defense intelligence at the Office of the Director of National Intelligence. In this role, Mr. Cohen served as the principal civilian intelligence advisor to the secretary of defense on all military intelligence related matters, including signals intelligence, human intelligence, sensitive activities, geospatial intelligence, sensitive reconnaissance, counterintelligence, law enforcement, and security. In this role he exercised supervision and control of the Defense Intelligence Enterprise including the National Security Agency, Central Security Service, the Defense Intelligence Agency, the National Geospatial-Intelligence Agency, the National Reconnaissance Office, and the Defense Counterintelligence and Security Agency.
Before becoming acting under secretary for intelligence, Mr. Cohen was the acting assistant secretary of defense for special operations and low-intensity conflict (SO/LIC); principal deputy assistance secretary of defense for SO/LIC; deputy assistant secretary of defense for counter-narcotics and global threats. As ASD SO/LIC, Mr. Cohen was responsible for all policy formulation and oversight of Department of Defense counterterrorism, special operations, personnel recovery, hostage rescue, counter-narcotics, detainee affairs, peacekeeping, humanitarian assistance, and stability operations. Further, Mr. Cohen provided administrative oversight and control of all organize, train, and equip activities for United States Special Operations Command.
Mr. Cohen also served on the National Security Council Staff, as the special assistant to the president and senior director for intelligence programs. In this role, he was principally responsible for the implementation of the president’s national security objectives through the vast array of intelligence community capabilities. As senior director, he was the United States Government’s strategic level policy coordinator for all intelligence programs and sensitive activities, including covert action. While at the National Security Council, Mr. Cohen, under his counterintelligence remit, initiated the comprehensive interagency review of Chinese malign activity.
Before joining the National Security Council, Mr. Cohen served at the Department of Defense in a number of international and domestic operational positions.
Former Assistant to the President and Deputy Counsel to the President, Former NSC Legal Advisor
Senior Director, Liberty & National Security Program, Brennan Center for Justice at New York University Law School
Elizabeth (Liza) Goitein is senior director of the Brennan Center for Justice’s Liberty & National Security Program.
Goitein is a nationally-recognized expert on presidential emergency powers, government surveillance, and government secrecy. Her writing has been featured in major newspapers and magazines including the New York Times, Washington Post, Wall Street Journal, USA Today, Los Angeles Times, The Atlantic Magazine, and The New Republic, and she has appeared frequently on MSNBC, CNN, and NPR. She has testified on several occasions before the Senate and House Judiciary Committees.
Before coming to the Brennan Center, Goitein served as counsel to Senator Russ Feingold, chairman of the Constitution Subcommittee of the Senate Judiciary Committee, and as a trial attorney in the Federal Programs Branch of the Civil Division of the Department of Justice. Goitein graduated from Yale Law School and clerked for the Honorable Michael Daly Hawkins on the U.S. Court of Appeals for the Ninth Circuit. In 2021–22, she was a member of the inaugural class of Senior Practitioner Fellows at the University of Chicago’s Center for Effective Government.
Senior Project Director and In Residence Adjunct, American University Washington College of Law
Alex Joel is a Scholar-in-Residence and Adjunct Professor at the Washington College of Law. He is conducting research, developing programming, and teaching courses focused on the intersections between the law, national security, technology, and privacy. Previously, he was a senior officer with the Office of the Director of National Intelligence (ODNI), where until June 2019 he served as the Chief of the Office of Civil Liberties, Privacy and Transparency (CLPT). CLPT works to ensure that the Intelligence Community carries out its national security mission in a manner that protects privacy and civil liberties, and provides appropriate public transparency. As Chief of CLPT, Mr. Joel was the ODNI’s Civil Liberties Protection Officer, a position established by the Intelligence Reform and Terrorism Protection Act of 2004. Mr. Joel served in that position since the ODNI stood up in 2005.
Since 2015, he also served as the ODNI’s Chief Transparency Officer, appointed to the position by Director of National Intelligence James Clapper. Mr. Joel formerly served on the Board of Directors of the International Association of Privacy Professionals, the world’s largest association of privacy professionals. Previously, Mr. Joel worked as an attorney at the Central Intelligence Agency's Office of General Counsel. Before that, he worked in private practice, as a technology attorney at the law firm of Shaw, Pittman, Potts & Trowbridge in Washington, D.C. (now Pillsbury Winthrop), and as the privacy, technology, and e-commerce attorney for Marriott International, Inc. Mr. Joel began his legal career as an officer in the U.S. Army Judge Advocate General’s Corps.
Vice President, Global Head of Public Policy, Cloudfare, Inc.
Alissa Starzak is the Vice President and Global Head of Public Policy at Cloudflare, a security, performance, and reliability company that is on a mission to help build a better Internet. Prior to joining Cloudflare, Starzak served as the 21st General Counsel of the Department of the Army, after confirmation by the Senate. Before her appointment as Army General Counsel, Starzak also served in a variety of other national security positions, including at the U.S. Department of Defense and as Counsel to the Senate Select Committee on Intelligence, and in private practice.
Reforming the Classification System: Challenges, Approaches, and Priorities
David P. Burns, Carter Burwell, Ezra Cohen, John Eisenberg, Elizabeth Goitein, Alex Joel, Alissa Starzak
Co-Sponsored with the ABA’s Standing Committee on Law & National Security
Our national security relies on the careful and deliberate creation, dissemination, and protection of classified...