Episode 32: Bridge of Spies (2015) (Guests: Lenni Benson and Jeffrey Kahn)

This episode looks at Bridge of Spies (2015), the Cold War legal and political thriller directed by Steven Spielberg (and written by Matt Charman, Ethan Coen, and Joel Coen). The film is based on the true story of American attorney James Donovan who is assigned to represent Soviet spy Rudolf Abel after Abel is arrested in New York and prosecuted for espionage. The story takes a turn when American pilot Francis Gary Powers is captured by the Russians after his plane is shot down over the Soviet Union while conducting a surveillance mission. Donovan is then tasked with negotiating a high-stakes prisoner exchange—Abel for Powers—that ultimately succeeds in a climactic scene on the Glienicke Bridge that connected Potsdam with Soviet-controlled East Berlin in 1962. The film is not only highly entertaining; it also provides a window into an important legal issues around national security, criminal, and immigration law that still resonate today. Joining me to explore these issues are Lenni Benson, Distinguished Chair in Immigration and Human Rights Law at New York Law School, who is both one of the nation’s foremost authorities immigration law and a prominent advocate in the field, and Jeffrey Kahn, University Distinguished Professor at SMU Dedman School of Law, a leading scholar on constitutional and counterterrorism law, an expert on Russian law, and the author of a must-read article on the Abel case, published in the Journal of National Security Law and Policy. Guest: Lenni Benson Lenni Benson has been teaching and writing in the field of immigration law since 1994. She is a professor at New York Law School and serves as the director of the NYLS Safe Passage Project Clinic. The Clinic partners with The Safe Passage Project, a nonprofit that recruits, trains and mentor pro bono attorneys to represent unaccompanied immigrant youth in removal proceedings and immigration applications. Professor Benson has won national awards for her pro bono leadership and excellence in immigration teaching. She has served as a member of several national task forces on the needs of migrant youth and has been a speaker for the federal government at national trainings. She also served as one of the founding steering committee members of the American Immigration Representation Project, formed in 2017, to expand pro bono representation of detained immigrants. Professor Benson is an emeritus trustee of the American Immigration Law Foundation (now the American Immigration Council), is a fellow of the American Bar Foundation, and served on the board of the Center for Human and Constitutional Rights. She is the author of numerous books and articles about immigration law. Guest: Jeffrey Kahn Jeffrey Kahn is University Distinguished Professor at SMU Dedman School of Law. He teaches and writes on American constitutional law, Russian law, human rights, and national security law. Professor Kahn’s latest research focuses on the right to travel and national security. His most recent book, Mrs. Shipley’s Ghost: The Right to Travel and Terrorist Watchlists (University of Michigan Press, 2013), critically examines the U.S. Government’s No Fly List. Professor Kahn is also co-author of the casebook National Secuirty Law and the Constitution (Aspen 2025). His articles have appeared in leading scholarly journals, including the UCLA Law Review, Michigan Law Review, and the peer-reviewed Journal of National Security Law and Policy. His recent research also focuses on the influence in Russia of the European Convention on Human Rights. He has submitted briefs to the European Court of Human Rights and the Russian Constitutional Court and worked with the Clooney Foundation for Justice in cases concerning human rights and fair trials in Russia. Timestamps: 0:00 Introduction2:15 Who were Rudolf Abel & James Donovan5:56 The Cold War tensions and anxieties8:54 Defending Abel in court11:55 Selective use of immigration law17:46 Abel’s arrest and the legal issues in the case24:14 Abel’s disappearance and coercive interrogation 29:19 Past anti-communist hysteria32:04 Cherry-picking from legal categories to avoid constitutional guarantee40:57 A frightening time for noncitizens engaged in political activity49:32 A foreshadowing of government abuses after 9/1152:04 A questionable citation to Yick Wo v. Hopkins59:02 The vast system of immigration detention105:24 Behind the Iron Curtain112:07 An ex parte conversation with the judge116:25 The aftermath for Abel, Donovan, and Francis Gary Powers120:29 The absence of women in important positions Further Reading: Arthey, Vin, Like Father, Like Son: A Dynasty of Spies (2004) “‘Bridge of Spies’: The True Story is Even Stranger Than Fiction,” ProPublica (Feb. 24, 2016) Donovan, James B., Strangers on a Bridge: The Case of Colonel Abel and Francis Gary Powers (1964) Epps, Garrett, “The Real Court Case Behind Bridge of Spies,” The Atlantic (Nov. 17. 2015) Kahn, Jeffrey D., “The Case of Colonel Abel,” 5 J. Nat'l Sec. L. & Pol'y 263 (2011) Sragow, Michael, “Deep Focus: ‘Bridge of Spies,’” Film Comment (Oct. 14, 2015