Professor, General Faculty
Associate Director, Center for National Security Law
J.D., University of Virginia School of Law, 1981
S.J.D., University of Virginia School of Law, 1996
B.A., Indiana University, 1968
Robert F. Turner holds both professional and academic doctorates from the University of Virginia School of Law. He co-founded the Center for National Security Law with Professor John Norton Moore in April 1981 and has served as its associate director since then except for two periods of government service in the 1980s and during 1994-95, when he occupied the Charles H. Stockton Chair of International Law at the U.S. Naval War College in Newport, Rhode Island. A former Army captain and veteran of two tours in Vietnam, Turner served as a research associate and public affairs fellow at Stanford's Hoover Institution on War, Revolution and Peace before spending five years in the mid-1970s as national security adviser to Senator Robert P. Griffin, a member of the Senate Foreign Relations Committee. He has also served in the executive branch as a member of the Senior Executive Service, first in the Pentagon as Special Assistant to the Under Secretary of Defense for Policy, then in the White House as Counsel to the President's Intelligence Oversight Board, and at the State Department as acting assistant secretary for legislative affairs. In 1986-87, he was the first president of the congressionally established United States Institute of Peace.
A former three-term chairman of the ABA Standing Committee on Law and National Security (and for many years editor of the ABA National Security Law Report), Turner has taught undergraduate courses at Virginia on international law, U.S. foreign policy, the Vietnam War and foreign policy and the law in what is now the Woodrow Wilson Department of Politics. In additionhe has co-taught National Security Law and advanced national security law seminars on the Indochina war and on war and peace with Professor Moore at the Law School.
The author or editor of more than fifteen books and monographs (including co-editor of the Center's National Security Law, National Security Law Documents, and Legal Issues in the Struggle Against Terror) and numerous articles in law reviews and professional journals, Turner has also contributed articles to most of the major U.S. newspapers. In an op-ed published in the International Herald Tribune in September 1990, he and Professor Moore were the first to call for a war-crimes trial for Iraqi dictator Saddam Hussein, and the following month he wrote the lead story in the Washington Post Outlook Section entitled “Killing Saddam: Would It Be a Crime,” arguing that Saddam would be a lawful target during Operation Desert Storm. Eight years later, he published an op-ed in USA Today entitled “In Self-defense, U.S. has Right to Kill bin Laden.” In July 2007, he co-authored an article in the Washington Post with former U.S. Marine Corps Commandant General P.X. Kelley entitled “War Crimes and the White House” criticizing the use of unlawful interrogation techniques by the Central Intelligence Agency. On the 40th anniversary of the fall of Saigon he authored an article in the Wall Street Journal entitled “Saigon’s Fall Still Echoes Today,” noting that after the war ended Hanoi admitted it had made a decision in 1959 to open the Ho Chi Minh Trail and start sending troops, weapons, and supplies into South Vietnam to overthrow its government—just as the United States had charged. In 2010 Turner received the first “person of the year” award from SACEI, a major Vietnamese-American human rights organization.
A former distinguished lecturer at the U.S. Military Academy at West Point, Turner is a member of the Council on Foreign Relations, the Academy of Political Science, the Committee on the Present Danger, and other professional organizations. He was selected for inclusion in Who’s Who in American Law less than two years after graduating from law school and Who’s Who in the World before he reached the age of forty. Dr. Turner has testified before more than a dozen different congressional committees on issues of international or constitutional law and related topics.
"First Principles: Are Judicial and Legislative Oversight of NSA Constitutional?," Engage: J. Federalist Soc’y Prac. Groups, July 2013, at 84.
"Reaction: Cyberdeterrence," 126 Harv. L. Rev. F. 181 (2013).
"Professor Turner’s Rebuttal," 5 J. Nat’l Security L. & Pol’y 434 (2012).
"The War Powers Resolution at 40: Still an Unconstitutional, Unnecessary, and Unwise Fraud that Contributed Directly to the 9/11 Attacks," 45 Case W. Res. J. Int’l L. 109 (2012).
“The ABA Standing Committee on Law and National Security: Historic Player in the Creation and Development of the Field” (with John Norton Moore), in Jill D. Rhodes, ed., National Security Law: Fifty Years of Transformation: An Anthology 9 (American Bar Association Standing Committee on Law and National Security, 2012).
“Covert War and the Constitution: A Response,” 5 J. Nat’l Security L. & Pol'y 409 (2012).
The Jefferson-Hemings Controversy: Report of the Scholars Commission (editor) (Carolina Academic Press, 2011).
Legal Issues in the Struggle Against Terror (editor with John Norton Moore) (Carolina Academic Press, 2010).
"U.S. Constitutional Issues in the Struggle Against Terror," in John Norton Moore & Robert F. Turner, eds., Legal Issues in the Struggle Against Terror 81 (Carolina Academic Press, 2010).
"What Went Wrong? Torture and the Office of Legal Counsel in the Bush Administration," 32 Campbell L. Rev. 529 (2010).
“The Constitutional Foundation for Fact Deference in National Security Cases,” 95 Va. L. Rev. In Brief 87 (2009).
"An Insider’s Look at the War on Terrorism," 93 Cornell L. Rev. 471 (2008) (reviewing John Yoo, War by Other Means).
To Oppose Any Foe: the Legacy of U.S. Intervention in Vietnam (editor with Ross A. Fisher and John Norton Moore) (Carolina Academic Press, 2006).
"Operation Iraqi Freedom: Legal and Policy Considerations," 27 Harv. J.L. & Pub. Pol’y 765 (2004).
“How Political Warfare Caused America to Snatch Defeat From the Jaws of Victory in Vietnam,” in John Norton Moore and Robert F. Turner, eds., The Real Lessons of the Vietnam War: Reflections Twenty-five Years After the Fall of Saigon 223 (Carolina Academic Press, 2002).
“Intentional Targeting of Regime Elites: The Legal and Policy Debate,” 36 New Eng. L. Rev. 785 (2002).
“Legal Issues in the U.S. Commitment to Vietnam: A Debate” (with others), in John Norton Moore and Robert F. Turner, eds., The Real Lessons of the Vietnam War: Reflections Twenty-five Years After the Fall of Saigon 99 (Carolina Academic Press, 2002).
“Postscript: William Colby and the ‘Lost Victory’ in Vietnam” (with John Norton Moore), in J. Moore and R. Turner, eds., The Real Lessons of the Vietnam War: Reflections Twenty-five Years After the Fall of Saigon 465 (Carolina Academic Press, 2002).
“National Missile Defense and the 1972 ABM Treaty,” 36 New Eng. L. Rev. 807 (2002).
The Real Lessons of the Vietnam War: Reflections Twenty-five Years After the Fall of Saigon (ed. with John Norton Moore) (Carolina Academic Press, 2002).
Statement. Administration’s Missile Defense Program and the ABM Treaty 143 U.S. Senate. Committee on Foreign Relations. Hearing, July 24, 2001.
“The War on Terrorism and the Modern Relevance of the Congressional Power to Declare War,” 25 Harv. J.L. & Pub. Pol’y 519 (2002).
In the Media
- "DC Appeals Court Lifts Injunction Against NSA Phone Metadata Records Collection" (Homeland Security Today, 08/28/2015)
- "Iowa Democrats Latest to Ditch Thomas Jefferson and Andrew Jackson" (CT Post, 08/11/2015)
- "Phone Metadata: Constitution Vests Authority to Collect Foreign Intelligence Information Directly in the President" (Homeland Security Today, 06/02/2015)
- "Saigon's Fall Still Echoes Today" (The Wall Street Journal, 04/30/2015)
- "Rand Paul's Declaration of War Legitimizes the Islamic State (ISIS)" (New Republic, 12/04/2014)
- "How Thomas Jefferson Would Have Handled ISIS" (CNN, 10/04/2014)
- "The So-Called “Islamic State” and the Constitution: What Can the President Do? (Part Two)" (Constitution Daily, 09/23/2014)
- "The So-Called “Islamic State” and the Constitution: What Can the President Do? (Part One)" (Constitution Daily, 09/22/2014)
- "Experts: Obama Walks Fine Line on Strikes" (The Hill, 08/13/2014)
- "Snowden's Treachery" (Homeland Security Today, 08/01/2014)
- "NSA Gathering Digital Images for Facial Recognition Program" (Fox News, 06/02/2014)
- "Student Law Journal Hosts Former U.S. Attorney General" (George Mason University News, 04/07/2014)
- "Edward Snowden’s claim that he had ‘no proper channels’ for protection as a whistleblower" (The Washington Post, 03/12/2014)
- "James Clapper's testimony one year later" (PolitiFact, 03/11/2014)
- "Calm Down and Consider the Facts: Opposing View " (USA Today, 01/17/2014)
- "Greenwald: NSA Leaker Snowden Has No Whistleblower Protection" (PolitiFact, 01/02/2014)
- "Judge Backs the NSA's Surveillance" (The Wall Street Journal, 12/28/2013)
- "Why Judge Leon's NSA Ruling Is Wrong" (The Wall Street Journal, 12/18/2013)
- "U.S. Likely to Appeal Surveillance Ruling" (Voice of America, 12/17/2013)
- "Should the U.S. Offer Amnesty for Edward Snowden to Stem the Leaks?" (AirTalk, 12/16/2013)
- "Judge: NSA Program Is Likely Unconstitutional" (The Associated Press, 12/16/2013)
- "The Senate's Unconstitutional Holds on Nominations" (author) (The Washington Times, 11/05/2013)
- "Lawmaker Sustains 6-Month Hold on 3-Star's Nomination" (Military Times , 10/27/2013)
- "U.S. Raid in Libya Renews Legality Questions" (Agence France Press, 10/08/2013)
- "Confusing Ability with Intent: Why the NRA Should Not have Joined Forces With the ACLU" (Jefferson Policy Journal, 09/18/2013)
- "Why the War Powers Resolution Isn't a Key Factor in the Syria Situation" (Constitution Daily, 08/30/2013)
- "What Manning’s Sentence Means for Snowden" (Politico, 08/21/2013)
- "In Holding Up Nomination, McCaskill Oversteps Her Bounds" (Author) (The Kansas City Star, 06/13/2013)
- "Obama, Congress and the Surveillance State" (KCRW/To The Point, 06/10/2013)
- "The Trial and Tribulations of Bradley Manning" (Deutsche Welle, 06/03/2013)
- "James Rosen, Fox News Reporter, Targeted By Justice Department in Leak Investigation" (Fox News Latino, 05/21/2013)
- "CIA Terror War Torture And Rendition Program: An Italian Spy Is Sentenced To Jail - Can Tenet, Rumsfeld, Cheney, Ashcroft Be Next?" (International Business Times, 02/22/2013)
- "Drones: Los Aviones No Tripulados Qee Están Revolucionando La Forma Tradicional De Hacer La Guerra" (La Segunda, 01/11/2013)
- "Reasonable Doubt" (The Weekly Standard, 10/29/2012)
- "Turner: 'Welcome Home' Vietnam Veterans" (Author) (The Washington Times, 05/25/2012)
- "Legal Scholars Skeptical of Obama’s So-Called ‘Recess’ Appointments When Congress Wasn’t in Recess" (CNS News, 01/06/2012)
- "White House Says Limits on War Powers Don't Apply to U.S. Mission in Libya" ( Bloomberg News, 06/16/2011)
- "Was Killing bin Laden Legal?" (Salon, 05/04/2011)
- "U.Va. National Security Law Experts: Killing of bin Laden Was Legal" (News Leader, 05/03/2011)
- "California Mosque Mole Erodes Trust Between Muslims, FBI" (Hussam Ayloush Official Blog, 12/07/2010)