The final talk of the International Law Libraries Annual Course was another sobering perspective on the U.S. administration, most notably the absence of judicial review under the guise of national security. Stanford’s Professor Shirin Sinnar gave the presentation, titled “National Security and Accountability in the Courts.”
She began with the story of Professor Xiaoxing Xi, whose home was raided by the FBI in 2015 on account of an accusation that he was sharing private scientific technology with China. The news made the headlines and his life was turned upside-down, only to have the charges dropped a few months later. In an attempt to clear his name, he sued the FBI agents and the FBI for malicious prosecution based on his Chinese background. His claim was dismissed, unable to get past the threshold of Bivens action that protects federal agents for constitutional violations. The court went on to
