Tiềm năng về hậu quả tài sản thế chấp là gì? Và, các cơ sở cho sự khác biệt trong quan điểm của trí thông minh là gì? Sau đó, ông sẽ áp dụng các quy định của pháp luật các sự kiện như họ được biết là để xác định xem cuộc đình công là hợp pháp theo pháp luật Mỹ và quốc tế. | The National Security Lawyer 321 In a judicial model the attorney might ask additional questions. What is the potential for collateral consequences And what is the basis for the difference in intelligence opinion He would then apply the law to the facts as they are known to determine whether a strike is lawful under . and international law. To the extent the attorney believes the target is unlawful under . law he would indicate so and if necessary advise the president that he could not in good faith approve the target. Under an advisory model the attorney might advise the president as to the legal standard and defer to the president s judgment on the application of law to fact. Under the public interest model the attorney might consider what is in the best interest of the United States or the public. Presumably this interest would revolve around getting the facts right but also taking all measures necessary to defend the country erring on the side of security. The attorney should play all of these roles. First under any rubric the attorney has a duty to resolve the factual ambiguity. Arguably under an advocacy model the attorney might sit back and defer to the president s view of the law and facts and then defend both. However it is not clear how such inaction would represent zealous or diligent representation. The president would still require knowledge of the facts and the law to faithfully execute his security functions. Moreover under the advocacy model even if the attorney were poised to validate the president s judgment he would still need to know the counterarguments to better represent the president s choice. Thus the question is how best to do so in a manner that respects the role of the president as commander in chief and chief executive. The hypothetical also illustrates the potential range of duties functions and choices the attorney might and in my view should address in a given scenario. The national security lawyer has a duty to guide .
