Faculty Journal Articles and Book Chapters

ORCID (Links to author’s additional scholarship at ORCID.org)

https://orcid.org/0000-0002-8857-5647

Abstract

In June 2010, journalists for the Associated Press reported the arrest of ten Russian spies, all suspected of being “deep-cover” illegal agents in the United States. Seeking to convey the magnitude of this event, the journalists wrote in the first paragraphs of their article that this “blockbuster series of arrests” might even be as significant as the FBI’s “famous capture of Soviet Col. Rudolf Abel in 1957 in New York.” Colonel Abel’s story of American justice at a time of acute anxiety about the nation’s security is one that continues to resonate today. The honor, and error, that is contained in that story offer lessons worth remembering as the American and Russian systems of justice struggle with a new common enemy, international terrorists.

This paper examines three topics: (1) the appointment of counsel for Abel, (2) the pretrial investigation and trial work conducted by his defense counsel, and (3) the defense’s motion to suppress evidence, a motion that led to two separate oral arguments before the United States Supreme Court. Comparisons are made between the American and Russian systems of criminal procedure. Similarities and differences are also explored between the treatment in the United States of a suspected Soviet spy in 1957 and suspected terrorists fifty years later.

Publication Title

Journal of National Security Law & Policy

Document Type

Article

Keywords

Rudolf Abel, Criminal Procedure, Comparative Law, Counterterrorism

Share

COinS
 

Digital Object Identifier (DOI)

http://dx.doi.org/10.2139/ssrn.1677969

 

To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.