Law on Film

This episode explores 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 culminates in a climactic scene on the Glienicke Bridge connecting Potsdam with Soviet-controlled East Berlin. The film is not only highly entertaining; it also provides a window into important legal issues around national security, criminal, and immigration law that still resonate today. Joining me to talk about Bridge of Spies are Lenni Benson, Distinguished Chair in Immigration and Human Rights Law at New York Law School, 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.

Timestamps:
0:00 Introduction
2:15 Who were Rudolf Abel & James Donovan
5:56 Cold War tensions and anxieties
8:54 American justice on trial
11:55 Misusing immigration law
17:46 Abel’s arrest and the legal issues in the case
24:46 Abel’s disappearance and coercive interrogation
30:23 A history of anti-communist hysteria
32:04 Cherry-picking from legal categories to avoid constitutional guarantees
42:57 A frightening time for noncitizens engaged in political activity
49:32 A foreshadowing of government abuses after 9/11
53:51 A questionable citation to Yick Wo v. Hopkins
59:01 The vast system of immigration detention
105:24 Behind the Iron Curtain
111:07 An ex parte conversation with the judge
116:25 The aftermath for Abel, Donovan, and Francis Gary Powers
120:29 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)

Law on Film is created and produced by Jonathan Hafetz. Jonathan is a professor at Seton Hall Law School. He has written many books and articles about the law. He has litigated important cases to protect civil liberties and human rights while working at the ACLU and other organizations. Jonathan is a huge film buff and has been watching, studying, and talking about movies for as long as he can remember.
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