The mission of the National Security Division (NSD) is to coordinate the Department’s efforts in carrying out its core mission of combating terrorism and protecting national security. NSD is responsible for supervising the enforcement of all federal criminal laws related to counterintelligence and counterterrorism x, except those specifically assigned to other divisions. NSD also serves as the Department of Justice’s liaison to the United States Intelligence Community (USIC) and represents the government and the USIC before the Foreign Intelligence Surveillance Court. NSD advises the Attorney General regarding all matters of national security policy.
The Counterintelligence and Export Control Section (CES) investigates, prosecutes, and supervises cases affecting the national security and foreign relations of the United States, including espionage cases, cases involving export controls and sanctions, and cases involving cyber-attacks and intrusions committed by nation-states and their proxies. CES has exclusive responsibility for coordinating and authorizing the prosecution of cases under criminal statutes relating to espionage, the unauthorized disclosure and retention of classified information, sabotage, neutrality, export controls and sanctions, atomic energy, and foreign malign influence. It provides legal advice to U.S. Attorneys’ Offices and investigative agencies on all matters within its area of responsibility, which includes 90 federal statutes affecting the national security. CES also coordinates criminal cases involving the application of the Classified Information Procedures Act and administers and enforces the Foreign Agents Registration Act and related disclosure statutes.
As the federal agency whose mission is to ensure the fair and impartial administration of justice for all Americans, the Department of Justice is committed to fostering a diverse and inclusive work environment. To build and retain a workforce that reflects the diverse experiences and perspectives of the American people, we welcome applicants from the many communities, identities, races, ethnicities, backgrounds, abilities, religions, and cultures of the United States who share our commitment to public service.
NSD seeks a Deputy Chief for its Counterintelligence and Export Control Section who will focus on cases involving espionage, the unauthorized disclosure and retention of classified information, and economic espionage.
Under the direction of the Chief, the Deputy Chief will be responsible for overseeing and approving all counterintelligence-related prosecutions nationwide. Among other duties, the Deputy Chief will:
Plan, supervise, administer, and review the work of CES Trial Attorneys and support personnel;
Coordinate cases and provide legal advice, guidance, and litigation support to U.S. Attorneys’ Offices in the prosecution of counterintelligence matters;
Coordinate closely with the FBI and other law enforcement agencies, and with U.S. Intelligence Community agencies;
Promote the consideration and implementation of whole-of-government approaches, where possible, for offenses within CES’s jurisdiction;
Prepare and review guidance documents and other materials on issues related to counterintelligence matters for dissemination to prosecutors;
Provide advice and assistance to the Chief and other senior officials in the Division and in the Department;
Review and recommend for approval FBI requests for Attorney General exemptions and to engage in “otherwise illegal activities”;
Coordinate with the Computer Crimes and Intellectual Property Section of the Criminal Division regarding prosecutions for the theft of trade secrets under 18 U.S.C. § 1831 (economic espionage);
Serve as the Department’s and Division’s representative on a variety of interagency bodies;
Participate in bilateral meetings with international partners;
In partnership with the Criminal Division, design and lead a biannual course at the National Advocacy Center regarding trade secret investigations and prosecutions, as well as participate in other Division training programs;
Provide training to the Department’s law enforcement partners involved in the enforcement of the Espionage Act, the Economic Espionage Act, the Neutrality Act, and other counterintelligence-related laws;
Design and conduct outreach to the private sector regarding the threat environment with respect to economic espionage and the need for a public-private partnership in combatting that threat; and
Provide comments on proposed legislation related to counterintelligence matters.
Applicants must possess a J.D. degree, be duly licensed and authorized to practice as an attorney under the laws of a State, Territory, or the District of Columbia, and have at least four or more years of post-J.D. professional experience. Applicants must have superior academic credentials, possess excellent analytical and writing skills, and have the dedication and capacity to work independently in a very demanding environment. Past experience in the national security or intelligence field is not required but is preferred. Prior federal litigation experience also strongly preferred.
Applicants must be able to obtain and maintain a TS/SCI security clearance.
Please submit a resume, a writing sample that exhibits your own written advocacy skills (no longer than 15 pages), and a copy of your most recent performance appraisal via email to email@example.com with the subject line “CES Supervisory Trial Attorney Vacancy.”
No telephone calls, please.
Applicants should familiarize themselves and comply with the relevant rules of professional conduct regarding any possible conflicts of interest in connection with their applications. In particular, please notify this Office if you currently represent clients or adjudicate matters in which this Office is involved and/or you have a family member who is representing clients or adjudicating matters in which this Office is involved so that we can evaluate any potential conflict of interest or disqualification issue that may need to be addressed under those circumstances.