McDaniel moderates discussions at Homeland Security Defense Education Summit Oct. 9

 Western Michigan University Cooley Law School Director of Homeland Security Law Programs and retired Brigadier General Michael C.H. McDaniel moderated two discussions at the Eighth Annual Homeland Security and Defense Education Summit (HSDECA) in Colorado Springs, Colorado. HSDECA is a voluntary association for homeland security and defense educational program accreditation, which seeks to promote excellence in homeland security and defense education.


Steve Recca, conference organizer, said McDaniel’s sessions, “were the highlights of the plenary sessions – interesting, engaging, informative.”

On Oct. 9, McDaniel moderated a discussion with General Charles H. Jacoby, the commander of United States Northern Command (USNORTHCOM) and North American Aerospace Defense Command (NORAD).
USNORTHCOM was established on Oct. 1, 2002, by the Department of Defense (DOD) to provide command and control of homeland defense efforts and to coordinate defense support of civil authorities.

This discussion touched on a range of homeland defense and security issues, including Arctic security, the Russian threat, ballistic missile defense and the evolving role of the National Guard. Additionally, the discussion explored unconventional threats, such as transnational criminal organizations assisting certain immigrants to enter the United States, unexpected missions, such as a supporting role to the Department of Homeland Security (DHS) for unaccompanied children crossing the United States’ southwest border, and new missions, such as assistance to Health and Human Services or Customs and Border Patrol on limiting the spread of the Ebola virus in the United States. On Oct. 10, McDaniel conducted a question-and-answer session with Francine Kerner, chief counsel to the Transportation Security Agency (TSA). Kerner provides legal advice for the largest mobilization of a civilian government agency since World War II. Her advice results in the hiring, training and deploying of more than 60,000 employees to more than 450 locations each year. As such, she is on the cutting edge of legal debate between the need for vigilance and prevention to assure security in public travel and to safeguard individual liberties from governmental overreach.

McDaniel and Kerner covered a variety of issues, including the TSA’s ability to compel identification, search passengers, retain a passenger’s personal data and the search exception to the 4th Amendment. They also discussed whether there is a substantive due process liberty interest in a right to international travel and, if so, how this would impact TSA operations in the future.

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