The Law of Terrorism
|
|
- Caitlin York
- 6 years ago
- Views:
Transcription
1 The Law of Terrorism
2
3 The Law of Terrorism Erik Luna Amelia D. Lewis Professor of Constitutional & Criminal Law Sandra Day O Connor College of Law Arizona State University Wayne McCormack E.W. Thode Professor of Law S. J. Quinney College of Law University of Utah Carolina Academic Press Durham, North Carolina
4 Copyright 2017 Carolina Academic Press, LLC All Rights Reserved eisbn ISBN LCCN Carolina Academic Press, LLC 700 Kent Street Durham, North Carolina Telephone (919) Fax (919) Printed in the United States of America
5 To Madeline and Elliott E.L. To all those who labor for peace W.M.
6
7 Contents Table of Principal Cases xiii Chapter 1 U.S. Law and Global Terrorism Definitions, Concepts, and Structures 4 [A] Defining Terrorism 4 [B] Influences on Terrorism 10 [C] Government Responses U.S. Law and Extraterritorial Jurisdiction 24 [A] Federal Crimes 24 [B] Extraterritorial Application of U.S. Law 27 United States v. Yunis 28 Notes and Questions The Law of Conspiracy and World Trade Center I 35 United States v. Salameh 36 Notes and Questions Jihad and the Emergence of Al Qaeda 49 [A] A Note on Islamic Law and Terminology 49 [B] Bin Laden and Al Qaeda 51 United States v. Bin Laden 52 Notes and Questions /11 and Beyond 63 [A] The 9/11 Conspirators Moussaoui KSM 68 [B] Post-9/11 Prosecutions 71 United States v. Jayyousi 71 Notes and Questions 80 [C] The Islamic State 88 vii
8 viii Contents Chapter 2 Supporting Terrorism Incitement, Sedition, and Political Freedom 93 [A] Incitement 93 Brandenburg v. Ohio 97 Notes and Questions 100 [B] Seditious Conspiracy 105 United States v. Rahman 106 Notes and Questions Trading with the Enemy 121 United States v. Lindh 121 Notes and Questions Material Support of Terrorist Activity 133 United States v. Abu- Jihaad 135 Notes and Questions Material Support of Terrorist Organ izations 150 [A] HLP Litigation 150 Holder v. Humanitarian Law Proj ect 152 Notes and Questions 164 [B] HLP Aftermath 170 United States v. Mehanna 171 Notes and Questions 176 Chapter 3 Civil Actions Actions Against State Sponsors of Terrorism 185 [A] Iran: Development of the Terrorism Exception 186 In re Islamic Republic of Iran Terrorism Litigation 187 Notes and Questions 198 [B] Sudan and Syria: Building a Case 203 Rux v. Republic of Sudan 203 Gates v. Syrian Arab Republic 208 Notes and Questions Actions Against Non- Designated States 216 Doe v. Bin Laden 218 In re Terrorist Attacks on September 11, Notes and Questions Actions Against Non- State Actors 237 Boim v. Holy Land Foundation (Boim III) 238 Notes and Questions Failure to Protect 251 In re September 11th Litigation 252 Notes and Questions Designating Organ izations and Blocking Assets 265 [A] FTO Designations 265
9 Contents ix People s Mojahedin Organization of Iran v. Department of State (PMOI II) 265 Notes and Questions 271 [B] IEEPA Designations and Seizures 275 Al Haramain Islamic Foundation v. U.S. Dept. of Trea sury 275 Notes and Questions 283 Chapter 4 Profiling, Detention, and Deportation Racial or Ethnic Profiling and Terrorism 288 [A] The Hijacker Profile 288 United States v. Lopez 288 Notes and Questions 295 [B] Racial Profiling Post-9/ Notes and Questions 304 Farag v. United States 306 Notes and Questions Material Witness Warrants 322 Ashcroft v. Al- Kidd 324 Notes and Questions Alien Detention and Deportation 334 [A] Post-9/11 Detentions 334 Rajah v. Mukasey 335 Notes and Questions 337 [B] Conditions of Confinement 340 Ashcroft v. Iqbal 341 Notes and Questions 346 [C] Deportation for Terrorist Activities 349 McAllister v. Attorney General 349 Notes and Questions Detention, Deportation, and Secrecy 362 [A] Secret Deportation Proceedings 363 Detroit Free Press v. Ashcroft 363 Notes and Questions 371 [B] Secrecy of Detentions 373 Center for National Security Studies v. U.S. Department of Justice 373 Notes and Questions 381 Chapter 5 Searches and Surveillance Foreign Intelligence Surveillance Act 383 United States v. Duggan 387 Notes and Questions FISA Post-Patriot Act 405 In re Sealed Case No
10 x Contents Notes and Questions National Security Letters 424 Doe v. Mukasey 425 Notes and Questions NSA Mass Surveillance: International Communications 438 Clapper v. Amnesty International USA 440 Notes and Questions NSA Mass Surveillance: Metadata 459 American Civil Liberties Union v. Clapper 462 Notes and Questions 474 Chapter 6 Interrogation and Torture Interrogation and Terrorism 483 United States v. Abdulmutallab 484 Notes and Questions Terrorism and Torture: Some Background 497 [A] The U.S. Law of Torture 497 Notes and Questions 500 [B] Foreign Experience Europe 503 Ireland v. United Kingdom 503 Notes and Questions Israel 509 Public Committee Against Torture in Israel v. State of Israel 511 Notes and Questions Terrorism and Torture: Post-9/ [A] The Path to Torture 521 [B] The Torture Memos 524 Notes and Questions Remedies 546 [A] Criminal Cases 546 United States v. Ghailani 546 Notes and Questions 550 [B] Civil Actions 552 Padilla v. Yoo 552 Notes and Questions Extraordinary Rendition 563 El- Masri v. Macedonia 564 Notes and Questions 572 Chapter 7 State Secrets and Security Government Privilege 577 Mohamed v. Jeppesen Dataplan, Inc. 578
11 Contents xi Notes and Questions Classified Information Procedures Act 594 United States v. Hashmi 596 Notes and Questions CIPA and Discovery 606 United States v. Aref 607 Notes and Questions CIPA Substitutions and Confrontation 617 United States v. Abu Ali 618 Notes and Questions Access to Witnesses 633 United States v. Moussaoui 633 Notes and Questions Public Trials, Secrecy, and Security 656 [A] Closed Proceedings and Anonymous Witnesses 656 United States v. Abu Marzook 657 Notes and Questions 663 [B] Anonymous Juries 666 United States v. Koubriti 666 Notes and Questions 669 Chapter 8 Terrorism and the Law of War The International Law of War 677 [A] Just War Theory and the Law of Armed Conflict 677 [B] U.N. Charter System U.S. War Power 687 [A] Constitutional Framework 687 [B] The War Powers Resolution 691 [C] Posse Comitatus Terrorism and Military Force Before 9/ Notes and Questions War in Response to Terrorism: Af ghan i stan 704 Notes and Questions War and Terrorist Organ izations War to Preempt Terrorism: Iraq 726 Notes and Questions Terrorism, Combatant Status, and War Crimes 745 [A] Combatant Immunity 745 United States v. Lindh 745 Notes and Question 751 [B] War Crimes and Liability 753 In re Xe Ser vices Alien Tort Litigation 753 Notes and Question 769
12 xii Contents Chapter 9 Military Detention and Trial Terrorism and Domestic Military Detention 775 Hamdi v. Rumsfeld 776 Notes and Questions Terrorism and Military Detention Abroad: Guantánamo 801 [A] Boumediene 801 Boumediene v. Bush 802 Notes and Questions 820 [B] Post-Boumediene: Detention Review in the D.C. Cir cuit 830 Al- Bihani v. Obama 831 Notes and Question Military Commissions 842 [A] Hamdan 842 Hamdan v. Rumsfeld 843 Notes and Questions 869 [B] Post-Hamdan: Military Commissions and the D.C. Circuit 874 Al Bahlul v. United States 876 Notes and Questions 887 Chapter 10 Targeted Killings International Law: The Israeli Targeted Killings Case 896 Public Committee Against Torture v. Israel (Targeted Killings Case) 896 Notes and Questions U.S. Law and Policy 917 Notes and Questions Targeting U.S. Citizens: The Case of Anwar Al- Aulaqi 935 Al- Aulaqi v. Panetta 935 Notes and Questions A Drone Court? 959 Notes and Questions 961 Index 965
13 Table of Principal Cases Al Bahlul v. United States, 876 Al Haramain Islamic Foundation v. U.S. Dept. of Treasury, 275 Al-Aulaqi v. Panetta, 935 Al-Bihani v. Obama, 831 American Civil Liberties Union v. Clapper, 462 Ashcroft v. Al-Kidd, 324 Ashcroft v. Iqbal, 341 Boim v. Holy Land Foundation (Boim III), 238 Boumediene v. Bush, 802 Brandenburg v. Ohio, 97 Center for National Security Studies v. U.S. Department of Justice, 373 Clapper v. Amnesty International USA, 440 Detroit Free Press v. Ashcroft, 363 Doe v. Bin Laden, 218 Doe v. Mukasey, 425 El-Masri v. Macedonia, 564 Farag v. United States, 306 Gates v. Syrian Arab Republic, 208 Hamdan v. Rumsfeld, 843 Hamdi v. Rumsfeld, 776 Holder v. Humanitarian Law Project, 152 In re Islamic Republic of Iran Terrorism Litigation, 187 In re Sealed Case No , 408 In re September 11th Litigation, 252 In re Terrorist Attacks on September 11, 2001, 223 In re Xe Services Alien Tort Litigation, 753 Ireland v. United Kingdom, 503 McAllister v. Attorney General, 349 Mohamed v. Jeppesen Dataplan, Inc., 578 Padilla v. Yoo, 552 People s Mojahedin Organization of Iran v. Department of State (PMOI II), 265 Public Committee Against Torture in Israel v. State of Israel, 511 Public Committee Against Torture v. Israel (Targeted Killings Case), 896 Rajah v. Mukasey, 335 Rux v. Republic of Sudan, 203 United States v. Abdulmutallab, 484 United States v. Abu Ali, 618 United States v. Abu Marzook, 657 United States v. Abu-Jihaad, 135 United States v. Aref, 607 United States v. Bin Laden, 52 United States v. Duggan, 387 United States v. Ghailani, 546 United States v. Hashmi, 596 United States v. Jayyousi, 71 United States v. Koubriti, 666 United States v. Lindh, 121 United States v. Lindh, 745 United States v. Lopez, 288 United States v. Mehanna, 171 United States v. Moussaoui, 633 United States v. Rahman, 106 United States v. Salameh, 36 United States v. Yunis, 28 xiii
14
Syllabus Law 654 Counterterrorism Law Seminar. George Mason University Antonin Scalia Law School Spring 2018
Brief Course Description: Syllabus Law 654 Counterterrorism Law Seminar George Mason University Antonin Scalia Law School Spring 2018 This seminar course will provide students with exposure to the laws
More informationFederal Law Enforcement
Federal Law Enforcement Federal Law Enforcement A Primer second edition Jeff Bumgarner Charles Crawford Ronald Burns Carolina Academic Press Durham, North Carolina Copyright 2018 Carolina Academic Press,
More informationJanuary 12, President-elect Barack Obama Obama-Biden Transition Project Washington, DC Dear President-elect Obama:
January 12, 2009 President-elect Barack Obama Obama-Biden Transition Project Washington, DC 20720 Dear President-elect Obama: We write to you regarding Omar Khadr, the 22-year-old Canadian national slated
More informationPart I: Basic Issues of Constitutional and International Law 1
Contents Introduction xi Part I: Basic Issues of Constitutional and International Law 1 1 Separation of Powers and National Security 3 By Vijay M. Padmanabhan The Reality 4 Experts 11 Resources 12 2 The
More informationNational Security Law: Up Close and Personal, An Introduction
Valparaiso University Law Review Volume 50 Number 2 pp.415-417 Winter 2016 National Security Law: Up Close and Personal, An Introduction Robert Knowles Valparaiso University Law School Recommended Citation
More informationCOUNT ONE. (Conspiracy to Kill United States Nationals) date of the filing of this Indictment, al Qaeda has been an
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK - - - - - - - - - - - - - - - - x UNITED STATES OF AMERICA - v. - INDICTMENT SULAIMAN ABU GHAYTH, S14 98 Cr. 1023 (LAK) a/k/a "Salman Abu Ghayth,"
More informationThe President of the Security Council presents his. compliments to the members of the Council and has the
The President of the Security Council presents his compliments to the members of the Council and has the honour to transmit herewith, for their information, a copy of a letter dated 9 February 2018 from
More informationNO JURISDICTIONAL BOUNDARIES THE TERRORISM PAPERS
NO JURISDICTIONAL BOUNDARIES THE TERRORISM PAPERS Research for Screenplay Terror Networks Chuck Paris Copyright 2009 www.chuckparis.com www.chuckparisproductions.com THE TERRORISM PAPERS TERRORISM AND
More informationSEC UNIFORM STANDARDS FOR THE INTERROGATION OF PERSONS UNDER THE DETENTION OF THE DEPARTMENT OF DEFENSE.
109TH CONGRESS Report HOUSE OF REPRESENTATIVES 1st Session 109-359 --MAKING APPROPRIATIONS FOR THE DEPARTMENT OF DEFENSE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2006, AND FOR OTHER PURPOSES December 18,
More informationForeign Policy and National Defense. Chapter 22
Foreign Policy and National Defense Chapter 22 Historical Perspective 1 st 150 years of U.S. existence Emphasis on Domestic Affairs vs. Foreign Affairs Foreign Policy The strategies and goals that guide
More informationClass #6: Electronic Surveillance: The Demise of The Wall. Professor Emily Berman Thursday, September 11, 2014
Class #6: Electronic Surveillance: The Demise of The Wall Professor Emily Berman Thursday, September 11, 2014 Thursday, September 11, 2014 Wrap up the mechanics of FISA The Wall Its genesis the aftermath
More informationRESUME OF RONALD J. SIEVERT
RESUME OF RONALD J. SIEVERT Married to Marcia Gibbs Sievert Three Children: Tera, Jessica and Rachel (PH. 512-219-1856, 512-925-2207) Education: Dunkirk High School 1962-66 St. Bonaventure University 1966-70
More informationCERTIFIEDA~.A~UElCOPY.ON THIS DAT ~~di\,) -.
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK UNITED STATES OF AMERICA - v. - SULAIMAN ABU GHAYTH, a/k/a "Suleiman Abu Gayth," Defendant. X USDC SDNY DOCUMENT ELECTRONICALLY FfLED DOC# '.....:,all
More informationThe US Judicial Response to Post-9/11 Executive Temerity and Congressional Acquiescence
Courts and the Making of Public Policy The US Judicial Response to Post-9/11 Executive Temerity and Congressional Acquiescence David E. Graham Bridging the gap between academia and policymakers The Foundation
More informationINTRODUCTION. 1. This is an action for injunctive relief, seeking an order that would require President
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK CENTER FOR CONSTITUTIONAL RIGHTS, TINA M. FOSTER, GITANJALI S. GUTIERREZ, SEEMA AHMAD, MARIA LAHOOD, RACHEL MEEROPOL, Plaintiffs, v. COMPLAINT
More informationSyllabus Law 384: National Security Law. Antonin Scalia Law School Fall Profs. Darren M. Dick & Arthur Rizer
Brief Course Description: Syllabus Law 384: National Security Law Antonin Scalia Law School Fall 2018 Profs. Darren M. Dick & Arthur Rizer This lecture course will explore the distribution of national
More information[1] Executive Order Ensuring Lawful Interrogations
9.7 Laws of War Post-9-11 U.S. Applications (subsection F. Post-2008 About Face) This webpage contains edited versions of President Barack Obama s orders dated 22 Jan. 2009: [1] Executive Order Ensuring
More informationHOODED: BINYAM MOHAMED AND THE STATE SECRETS PRIVILEGE
HOODED: BINYAM MOHAMED AND THE STATE SECRETS PRIVILEGE Laura K. Mehalko* Abstract: The use of the state secrets doctrine in cases involving enemy combatants ought to be subjected to further review in order
More informationThreats to Peace and Prosperity
Lesson 2 Threats to Peace and Prosperity Airports have very strict rules about what you cannot carry onto airplanes. 1. The Twin Towers were among the tallest buildings in the world. Write why terrorists
More informationIntro. To the Gulf War
Intro. To the Gulf War Persian Gulf War, conflict beginning in August 1990, when Iraqi forces invaded and occupied Kuwait. The conflict culminated in fighting in January and February 1991 between Iraq
More information11/19/2013 2:07 PM NATIONAL SECURITY TRIALS: A JUDGE S PERSPECTIVE
ESSAY NATIONAL SECURITY TRIALS: A JUDGE S PERSPECTIVE N T.S. Ellis, III * ATIONAL Security cases present challenging problems for federal courts case management problems and problems raised by the novel
More informationCase 1:17-cv TSC Document 15 Filed 11/09/17 Page 1 of 23 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
Case 1:17-cv-02069-TSC Document 15 Filed 11/09/17 Page 1 of 23 ) JOHN DOE, ) and the AMERICAN CIVIL LIBERTIES ) UNION FOUNDATION, as Next Friend, ) ) Petitioners, v. ) ) GEN. JAMES N. MATTIS, ) in his
More informationSep. 11, 2001 Attacks are made against USA
10 Years Later Sep. 11, 2001 Attacks are made against USA Terrorist hijack four commercial aircraft making cross-country journeys and fly two into the World Trade Center in NYC, one into the Pentagon in
More informationNational Security Agency
National Security Agency 9 August 2013 The National Security Agency: Missions, Authorities, Oversight and Partnerships balance between our need for security and preserving those freedoms that make us who
More informationPresident Obama and National Security
May 19, 2009 President Obama and National Security Democracy Corps The Survey Democracy Corps survey of 1,000 2008 voters 840 landline, 160 cell phone weighted Conducted May 10-12, 2009 Data shown reflects
More informationJonathan Hafetz Seton Hall University School of Law One Newark Center Newark, NJ (917)
Jonathan Hafetz Seton Hall University School of Law One Newark Center Newark, NJ 07102 (917) 355-6896 jhafetz@aya.yale.edu EMPLOYMENT Seton Hall University School of Law, Newark, NJ Professor of Law (2016-present)
More informationP.Sc. 366 NATIONAL SECURITY AND THE CONSTITUTION. Prof. David Barnum Winter West Fullerton/Rm TTh 1:00-2:30
1 P.Sc. 366 NATIONAL SECURITY AND THE CONSTITUTION Prof. David Barnum Winter 2015 990 West Fullerton/Rm. 2211 TTh 1:00-2:30 dbarnum@depaul.edu Arts & Letters Phone: 773-325-1972 Room 310 Office Hours:
More informationTHE STRATEGIC CONSEQUENCES OF USING MILITARY COMMISSIONS TO ADJUDICATE US PRISONERS IN THE GLOBAL WAR ON TERRORISM
THE STRATEGIC CONSEQUENCES OF USING MILITARY COMMISSIONS TO ADJUDICATE US PRISONERS IN THE GLOBAL WAR ON TERRORISM BY DISTRIBUTION STATEMENT A: Approved for Public Release. USAWC CLASS OF 2007 This PRP
More informationEnding Private Contractor Impunity: Report Cards on the U.S. Government Response since Nisoor Square
Ending Private Impunity: Report Cards on the U.S. Government Response since Nisoor Square On September 16, 2007, Blackwater Worldwide private security contractors working for the U.S. Department of State
More informationThe Global War on Terrorism
The Global War on Terrorism - Operation ENDURING FREEDOM - Operation IRAQI FREEDOM The Global War on Terrorism Almost every captain in the Air Force who flies airplanes has combat experience virtually
More informationUNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT
UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT UNITED STATES OF AMERICA :CRIMINAL NO. :VIOLATIONS: Title 18, United States Code :Section 2339A(Providing Material Support to :Terrorists and Conspiracy);
More informationDepartment of Defense DIRECTIVE. SUBJECT: Release of Official Information in Litigation and Testimony by DoD Personnel as Witnesses
Department of Defense DIRECTIVE NUMBER 5405.2 July 23, 1985 Certified Current as of November 21, 2003 SUBJECT: Release of Official Information in Litigation and Testimony by DoD Personnel as Witnesses
More informationCHAPTER 8. Key Issue Four: why has terrorism increased?
CHAPTER 8 Key Issue Four: why has terrorism increased? TERRORISM Terrorism by individuals and organizations State support for terrorism Libya Afghanistan Iraq Iran TERRORISM Terrorism is the systematic
More information1 Nuclear Weapons. Chapter 1 Issues in the International Community. Part I Security Environment Surrounding Japan
1 Nuclear Weapons 1 The United States, the former Soviet Union, the United Kingdom, France, and China. France and China signed the NPT in 1992. 2 Article 6 of the NPT sets out the obligation of signatory
More informationCraig A. Miles, Adjunct Faculty. Office: Enterprise Hall 3 rd Floor, Suite #354 Fairfax Campus. Office hours: By appointment.
CRIM 462, Section 002: Criminal Investigations, CRN 72105 Fall 2018: Monday, 7:20 pm - 10:00 pm, Planetary Hall, Room #212 George Mason University, Fairfax Campus Instructor: Craig A. Miles, Adjunct Faculty
More informationIntroduction. The Terrorist Financing Operations Section (TFOS)
Testimony of Dennis Lormel, Chief, Terrorist Financing Operations Section, Counterterrorism Division, FBI Before the Senate Judiciary Committee, Subcommittee on Technology, Terrorism, and Government Information
More informationA Compelling Solution to Guantanamo Bay
A Compelling Solution to Guantanamo Bay by Lieutenant Colonel Charles Sherburne Sentell III United States Army Reserve United States Army War College Class of 2013 DISTRIBUTION STATEMENT: A Approved for
More informationSummary statement by the Secretary-General on matters of which the Security Council is seized and on the stage reached in their consideration
United Nations S/2008/10 Security Council Distr.: General 11 January 2008 Original: English Summary statement by the Secretary-General on matters of which the Security Council is seized and on the stage
More informationHonorable Mayor and Members of the City Council. Eric Brenman, Secretary, Peace and Justice Commission
Peace and Justice Commission ACTION CALENDAR October 25, 2011 To: From: Submitted by: Subject: Honorable Mayor and Members of the City Council Peace and Justice Commission Eric Brenman, Secretary, Peace
More informationCURRICULUM VITAE. College University of Utah, Honors Bachelor of Arts, magna cum laude, American
1 CURRICULUM VITAE David John Schwendiman International Prosecutor Deputy Chief Prosecutor Head, Special Department for War Crimes Prosecutor s Office of Bosnia and Herzegovina EDUCATION College University
More informationRunning head: COMPARATIVE COUNTER-TERRORISM 1. A Comparative Approach to Counter-Terrorism Legislation and Legal Policy. Paul D. Hill, Jr.
Running head: COMPARATIVE COUNTER-TERRORISM 1 A Comparative Approach to Counter-Terrorism Legislation and Legal Policy Paul D. Hill, Jr. A Senior Thesis submitted in partial fulfillment of the requirements
More informationITAR and the Supply Chain: Getting Stuck in the Middle
ITAR and the Supply Chain: Getting Stuck in the Middle ERAI Executive Conference 2012 Brett W. Johnson Initial Question?? WHY WOULD A COMPANY NOT WANT TO UNDERSTAND OR COMPLY WITH EXPORT CONTROLS? 2 Why
More informationCase 1:06-cr RWR Document 6 Filed 11/16/07 Page 1 of 11 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
Case 1:06-cr-00089-RWR Document 6 Filed 11/16/07 Page 1 of 11 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA Holding a Criminal Term Grand Jury Sworn in on November 3, 2006 UNITED STATES
More informationOperational Security (OPSEC)
Operational Security (OPSEC) The success of military and intelligence operations depend upon secrecy; without secrecy, they generally fail. Paraphrase of Gen. George Washington, First President of the
More informationTwelfth Report of the Prosecutor of the International Criminal Court to the United Nations Security Council pursuant to UNSCR 1970 (2011)
Twelfth Report of the Prosecutor of the International Criminal Court to the United Nations Security Council pursuant to UNSCR 1970 (2011) 1. INTRODUCTION 1. On 26 February 2011, the United Nations Security
More informationDALLAS CYBER TASK FORCE. Standard Memorandum of Understanding. Between THE FEDERAL BUREAU OF INVESTIGATION. and
DALLAS CYBER TASK FORCE Standard Memorandum of Understanding Between THE FEDERAL BUREAU OF INVESTIGATION and THE ARLINGTON POLICE DEPARTMENT (the Participating Agency ) I. PARTIES This Memorandum of Understanding
More informationChapter 17: Foreign Policy and National Defense Section 2
Chapter 17: Foreign Policy and National Defense Section 2 Objectives 1. Summarize the functions, components, and organization of the Department of Defense and the military departments. 2. Explain how the
More informationCase 1:05-cv CKK Document 291 Filed 10/10/12 Page 1 of 13 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA. v. : 05-cv-1244 (CKK)
Case 1:05-cv-01244-CKK Document 291 Filed 10/10/12 Page 1 of 13 TARIQ MAHMOUD ALSAWAM, : UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA Petitioner, : v. : 05-cv-1244 (CKK) BARACK OBAMA, et al.,
More informationCOUNT ONE CONSPIRACY TO PROVIDE MATERIAL SUPPORT TO A FOREIGN TERRORIST ORGANIZATION BACKGROUND TO THE CONSPIRACY. Ai Shabaab
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK UNITED STATES OF AMERICA -x SEALED INDICTMENT...J S, Il:k;': F' c,,:., ~ ~' p.., 'I"l!:;',;,..., i.. - v. - MOHAMED IBRAHIM AHMED, a/k/a "Talha,"
More informationCase 1:13-cv Document 1 Filed 09/18/13 Page 1 of 16 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
Case 1:13-cv-01420 Document 1 Filed 09/18/13 Page 1 of 16 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA FAWZI KHALID ABDULLAH FAHAD AL ODAH, ) Detainee, Camp Delta ) Guantánamo Bay Naval
More informationDepartment of Defense INSTRUCTION
Department of Defense INSTRUCTION NUMBER 5525.07 June 18, 2007 GC, DoD/IG DoD SUBJECT: Implementation of the Memorandum of Understanding (MOU) Between the Departments of Justice (DoJ) and Defense Relating
More informationGUADALUPE COUNTY SHERIFF S OFFICE TRAINING FACILITY
To register for courses please contact Kirstie Saur at 830-379-1224 ext. 255 or email at kirstie.saur@co.guadalupe.tx.us. The following classes are being offered at the Guadalupe County Sheriff s Office.
More information9/11 and After: Legal Issues, Lessons, and Irregular Conflict. By Nicholas Rostow and Harvey Rishikof
5 9/11 and After: Legal Issues, Lessons, and Irregular Conflict By Nicholas Rostow and Harvey Rishikof What I fear is not the enemy s strategy, but our own mistakes. Pericles 1 Great cases, like hard cases,
More informationDetainee Provisions in the National Defense Authorization Bills
Detainee Provisions in the National Defense Authorization Bills Jennifer K. Elsea Legislative Attorney Michael John Garcia Legislative Attorney November 18, 2011 CRS Report for Congress Prepared for Members
More informationMULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the question.
Exam Name MULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the question. 1) The realm of policy decisions concerned primarily with relations between the United States
More informationtogether with others, committed and caused to be committed, among OVERT ACTS a. In or about and between 2002 and 2003, both
2 together with others, committed and caused to be committed, among others, the following: OVERT ACTS a. In or about and between 2002 and 2003, both dates being approximate and inclusive, the defendant
More informationBACKGROUNDER. A Framework for an Authorization for Use of Military Force Against ISIS. Key Points. Charles D. Stimson
BACKGROUNDER No. 2957 A Framework for an Authorization for Use of Military Force Against ISIS Charles D. Stimson Abstract For over a decade, the United States has been in armed conflict with Islamist terrorists.
More informationNorth American Criminal Gangs
North American Criminal Gangs North American Criminal Gangs Street, Prison, Outlaw Motorcycle, and Drug Trafficking Organizations Edited by Tom Barker Carolina Academic Press Durham, North Carolina Copyright
More informationUNDOING OBAMA S DAMAGE TO AMERICA
UNDOING OBAMA S DAMAGE TO AMERICA [This essay by former Vice-President Dick Cheney and his daughter Liz Cheney, Republican candidate for the Wyoming Congressional seat, was published in the Wall Street
More informationDetainee Provisions in the National Defense Authorization Bills
Detainee Provisions in the National Defense Authorization Bills Jennifer K. Elsea Legislative Attorney Michael John Garcia Legislative Attorney July 18, 2011 Congressional Research Service CRS Report for
More informationCase 1:17-cv RJL Document 22 Filed 07/20/17 Page 1 of 21 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
Case 1:17-cv-01074-RJL Document 22 Filed 07/20/17 Page 1 of 21 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) DENNIS MONTGOMERY, et al., ) ) Plaintiffs, ) ) v. ) Civil Action No. 1:17-cv-1074-RJL
More informationCOMPLIANCE WITH THIS PUBLICATION IS MANDATORY
BY ORDER OF THE COMMANDER THRID AIR FORCE THIRD AIR FORCE INSTRUCTION 31-209 15 FEBRUARY 2004 Incorporating Change 1, 2 December 2014 Certified Current on 20 February 2015 Security INSTALLATION SECURITY
More informationAl Bahlul v. United States: The Conspiracy Behind the Conspiracy Offense in U.S. Military Commissions
Loyola Marymount University and Loyola Law School Digital Commons at Loyola Marymount University and Loyola Law School Loyola of Los Angeles Law Review Law Reviews 1-1-2015 Al Bahlul v. United States:
More informationUNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA GRANT F. SMITH, Plaintiff, v. Case No. 15-cv-01431 (TSC CENTRAL INTELLIGENCE AGENCY, Defendant. MEMORANDUM OPINION Plaintiff Grant F. Smith, proceeding
More informationCase M:06-cv VRW Document 254 Filed 04/20/2007 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
Case M:06-cv-091-VRW Document 254 Filed 04//07 Page 1 of IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA IN RE NATIONAL SECURITY AGENCY TELECOMMUNICATIONS RECORDS LITIGATION
More informationSAYING WHAT THE LAW SHOULD BE: JUDICIAL USURPATION IN Al-Marri v. Wright, 487 F.3d 160 (4th Cir. 2007)
SAYING WHAT THE LAW SHOULD BE: JUDICIAL USURPATION IN Al-Marri v. Wright, 487 F.3d 160 (4th Cir. 2007) Al-Marri v. Wright 1 is the most recent case in the struggle to define who qualifies as an enemy combatant
More informationThe President. Part V. Tuesday, January 27, 2009
Tuesday, January 27, 2009 Part V The President Executive Order 13491 Ensuring Lawful Interrogations Executive Order 13492 Review and Disposition of Individuals Detained at the Guantánamo Bay Naval Base
More informationIN THE SUPREME COURT OF THE UNITED STATES. No YASER ESAM HAMDI AND ESAM FOUAD HAMDI, AS NEXT FRIEND OF YASER ESAM HAMDI, PETITIONERS
IN THE SUPREME COURT OF THE UNITED STATES No. 03-6696 YASER ESAM HAMDI AND ESAM FOUAD HAMDI, AS NEXT FRIEND OF YASER ESAM HAMDI, PETITIONERS v. DONALD RUMSFELD, SECRETARY OF DEFENSE, ET AL. ON PETITION
More informationA Review of the FBI's 1Uantlli.ng of Intelligence Information Re1ade:d to the September 11 Attacks (Novennl~er 2004)
U. S. Department of Justice Office of the Inspector General A Review of the FBI's 1Uantlli.ng of Intelligence Information Re1ade:d to the September 11 Attacks (Novennl~er 2004) Released Piublicly June
More informationTerrorism, Asymmetric Warfare, and Weapons of Mass Destruction
A 349829 Terrorism, Asymmetric Warfare, and Weapons of Mass Destruction Defending the U.S. Homeland ANTHONY H. CORDESMAN Published in cooperation with the Center for Strategic and International Studies,
More informationCase 1:05-cv JDB Document 151 Filed 02/09/2009 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
Case 1:05-cv-00763-JDB Document 151 Filed 02/09/2009 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ADEL HAMLILY, Petitioner, v. Civil Action No. 05-0763 (JDB BARACK OBAMA,
More informationSSUSH23 Assess the political, economic, and technological changes during the Reagan, George H.W. Bush, Clinton, George W.
SSUSH23 Assess the political, economic, and technological changes during the Reagan, George H.W. Bush, Clinton, George W. Bush, and Obama administrations. a. Analyze challenges faced by recent presidents
More informationIN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division UNITED STATES OF AMERICA ) v. ) Criminal Number JOHN PHILIP WALKER LINDH, ) a/k/a "Suleyman al-faris," ) a/k/a
More informationRECENT CASES. 801 (2012) U.S. 557 (2006). 3 Pub. L. No , 120 Stat (codified as amended in scattered sections of 10, 18, 28,
RECENT CASES EX POST FACTO CLAUSE GUANTÁNAMO PROSECUTIONS D.C. CIRCUIT REINTERPRETS MILITARY COMMISSIONS ACT OF 2006 TO ALLOW RETROACTIVE PROSECUTION OF CONSPIRACY TO COMMIT WAR CRIMES. Al Bahlul v. United
More informationMODULE: RULE OF LAW AND FAIR TRIAL ACTIVITY: GUANTANAMO BAY
MODULE: RULE OF LAW AND FAIR TRIAL ACTIVITY: GUANTANAMO BAY Source: : BBC, http://www.bbc.co.uk/worldservice/people/features/ihavearightto/index.shtml 1 INTRODUCTION Following the military campaign in
More informationBefore an audience of the American people, the Commission must ask President Bush in sworn testimony, the following questions:
The Family Steering Committee Statement and Questions Regarding the 9/11 Commission Interview with President Bush February 16, 2004 www.911independentcommission.org The Family Steering Committee believes
More informationCONFERENCE MATERIAL DAY ONE 19TH ANNUAL REVIEW OF THE FIELD OF NATIONAL SECURITY LAW
19TH ANNUAL REVIEW OF THE FIELD OF NATIONAL SECURITY LAW CONFERENCE MATERIAL DAY ONE SPONSORED BY: AMERICAN BAR ASSOCIATION STANDING COMMITTEE ON LAW AND NATIONAL SECURITY CENTER FOR NATIONAL SECURITY
More informationU.S. Export Regulations
U.S. Export Controls and Government Contracting: Keys to Compliance Corey A. Stewart Geoffrey M. Goodale October 2008 U.S. Export Regulations International Traffic in Arms Regulations (ITAR) Controls on
More informationDirective on United States Nationals Taken Hostage Abroad and Personnel Recovery Efforts June 24, 2015
Administration of Barack Obama, 2015 Directive on United States Nationals Taken Hostage Abroad and Personnel Recovery Efforts June 24, 2015 Presidential Policy Directive/PPD 30 Subject: U.S. Nationals
More informationUNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS
UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS UNITED STATES OF AMERICA) ) CRIMINAL NO. V. ) ) VIOLATIONS: ) 18 U.S.C. 2332a(a)(1) ) (Attempted Use of a Weapon of a/k/a ABDUL RAHEEM, ABU ) Mass
More informationCHIEF PROSECUTOR MARK MARTINS REMARKS AT GUANTANAMO BAY 16 MAY 2016
CHIEF PROSECUTOR MARK MARTINS REMARKS AT GUANTANAMO BAY 16 MAY 2016 Good evening. Tomorrow the Military Commission convened to try the charges against Abd al Hadi al-iraqi will hold its seventh pre-trial
More informationDefendant. THE GRAND JURY OF THE COUNTY OF NEW YORK, by this indictment, accuses the
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK THE PEOPLE OF THE STATE OF NEW YORK -against- TREVOR WILLIAM FORREST, a/k/a SHAIKH ABDULLAH FAISAL, a/k/a SHAIKH FAISAL Defendant. THE GRAND JURY
More informationHomeland Security. Chapter e57 1. STATUTORY AUTHORITIES. The USA PATRIOT Act of 2001 (PL )
Chapter e57 Homeland Security Rahul Bhaskar, Ph.D. California State University Bhushan Kapoor California State University 1. STATUTORY AUTHORITIES Here we discuss the important homeland security-related
More informationTeacher Assessment Blueprint
Teacher Assessment Blueprint Homeland Security PA Test Code: 5990 // Version: 01 1 Copyright 2015 2015. NOCTI. All Rights All Rights Reserved. Reserved. General Assessment Information Blueprint Contents
More informationHearing Before the House Committee on Armed Services
Hearing Before the House Committee on Armed Services Re: The Strengths and Weaknesses of the Military Commissions Act of 2006 and the Future of the Detention and Interrogation Facilities at the U.S. Naval
More informationUse of Military Force Authorization Language in the 2001 AUMF
MEMORANDUM May 11, 2016 Subject: Presidential References to the 2001 Authorization for Use of Military Force in Publicly Available Executive Actions and Reports to Congress From: Matthew Weed, Specialist
More informationChapter 17: Foreign Policy and National Defense Section 1
Chapter 17: Foreign Policy and National Defense Section 1 Isolationism to Internationalism For nearly 150 years U.S. foreign relations were based on isolationism, as U.S. leaders refused to get widely
More informationTitle 37-A: DEPARTMENT OF DEFENSE AND VETERANS SERVICES
Maine Revised Statutes Title 37-A: DEPARTMENT OF DEFENSE AND VETERANS SERVICES Table of Contents Part 1. GENERAL PROVISIONS -- ORGANIZATION... 3 Chapter 1. GENERAL PROVISIONS -- ORGANIZATION... 3 Chapter
More informationPreserving Investigative and Operational Viability in Insider Threat
Preserving Investigative and Operational Viability in Insider Threat September 2017 Center for Development of Security Excellence Lesson 1: Course Introduction Overview Welcome Your Insider Threat Program
More informationTHE WHITE HOUSE. Office of the Press Secretary. For Immediate Release January 22, 2009 EXECUTIVE ORDER
THE WHITE HOUSE Office of the Press Secretary For Immediate Release January 22, 2009 EXECUTIVE ORDER - - - - - - - REVIEW AND DISPOSITION OF INDIVIDUALS DETAINED AT THE GUANTÁNAMO BAY NAVAL BASE AND CLOSURE
More informationExport Controls and Sanctions Compliance
Export Controls and Sanctions Compliance (or how to sleep at night) A. Export Controls 1. Introduction 2. Definitions 3. Classifications and Licensing 4. DDTC 5. BIS 6. Anti Boycott B. OFAC 1. Definitions
More information1960 s Kennedy Administration. Chapter 28 Sections 1 & 2
1960 s Kennedy Administration Chapter 28 Sections 1 & 2 Warm-Up 5/10/2018 1.What was the Eisenhower Doctrine? 2.How did the U.S. enter the Vietnam War? Current Events 1. U.S. withdrew from Nuclear Iran
More informationBoumediene v. Bush: Legal Realism and the War on Terror
Boumediene v. Bush: Legal Realism and the War on Terror Megan Gaffney* I. INTRODUCTION On June 12, 2008, in Boumediene v. Bush, the United States Supreme Court ruled 5-4 that prisoners in Guantanamo Bay
More informationMonday Warm-Up 9/12 What do you know about September 11, 2001?
Monday Warm-Up 9/12 What do you know about September 11, 2001? Know 9/11 Terrorism Al-Qaeda Do Summarize the events of September 11, 2001 by completing a timeline Overview September 11 th, 2001: 19 extremist
More informationCase 1:05-cv RJL Document Filed 12/03/2008 Page 1 of 13 EXHIBIT A
Case 1:05-cv-00429-RJL Document 163-2 Filed 12/03/2008 Page 1 of 13 J I EXHIBIT A Case 1:05-cv-00429-RJL Document 163-2 Filed 12/03/2008 Page 2 of 13 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT
More informationDEPUTY SECRETARY OF DEFENSE 1010 DEFENSE PENTAGON WASHINGTON, DC
DEPUTY SECRETARY OF DEFENSE 1010 DEFENSE PENTAGON WASHINGTON, DC 2030-1010 May 9, 2012 MEMORANDUM FOR SECRETARIES OF THE MILITARY DEPARTMENTS CHAIRMAN OF THE JOINT CHIEFS OF STAFF UNDER SECRETARIES OF
More informationThis filing is timely pursuant to Military Commissions Trial Judiciary Rule of Coutt,
MILITARY COMMISSIONS TRIAL JUDICIARY GUANTANAMO BAY, CUBA UNITED STATES OF AMERICA V. KHALID SHAIKH MOHAMMAD; W ALID MUHAMMAD SALIH MUBARAK BIN 'ATTASH; RAMZI BIN AL SHIBH; ALI ABDUL AZIZ ALI; MUSTAFA
More informationCase 1:17-cv TSC Document 66 Filed 02/14/18 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
Case 1:17-cv-02069-TSC Document 66 Filed 02/14/18 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) JOHN DOE, ) ) Petitioner, ) ) v. ) Civil Action No. 1:17-cv-2069 (TSC) )
More informationTHE WHITE HOUSE. Office of the Press Secretary. For Immediate Release December 5, 2016
THE WHITE HOUSE Office of the Press Secretary For Immediate Release December 5, 2016 TEXT OF A LETTER FROM THE PRESIDENT TO THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT PRO TEMPORE OF
More information