5. Law Enforcement
Pre-2001 Terrorists as Criminals
• 1996 Anti-Terrorism and Effective Death
Penalty Act
– Summary by US Congress, Congressional
Research Service
Ramzi Yousef
Sheikh Omar Abdel Rahman
•
(leader of Islamic Group)
Convicted (1997/1998) for 1993
WTC attack, Life sentence:
United States v. Mohammed
Salameh et al U.S. Court of
Appeals – 2nd Circuit Aug 4,
1998
• Convicted (1995) for bombing of
WTC 1993
plot on NY
Landmarks, Life Sentence
Post-2001: What are Terrorists?
Uncertainty
Question: What are terrorists who are not
affiliated with a nation-state?
a. Criminals
b. Soldiers
c. Neither
d. Both
e. Don’t ask
Three Key Issues
1. Surveillance
2. Legal Status of Individuals
3. Treatment of Individuals
1. Surveillance
• Foreign Intelligence Surveillance Act (FISA)
1978
• USA PATRIOT ACT 10/26/01
– Pro and Con
– ACLU on the Act
• Terrorist Surveillance Program (2001)
• Protect America Act 2007 (sunset 2008)
• FISA Amendments Act 2008
2. Legal Status of Individuals
• Detainees (unlawful enemy combatants)
– President George W. Bush Military Order,
November 13, 2001, “Detention, Treatment, and
Trial of Certain Non-Citizens in the War Against
Terrorism”
– Authorization to Use Military Force, September
18, 2001
The Legal Evolution: Legislation and
Trials
• Detainee Treatment Act, 2005
• Military Commissions Act, 2006
• Military Commission Act 2009 (amendments to 2006
Act)
– Analysis by CRS
– Manual for Military Commissions )2010 edition)
• Guantanamo Trials
• Guantanamo Docket
The Legal Evolution: Key Legal
Cases
•
•
•
•
•
Rasul v. Bush
Hamdi v. Rumsfeld
Padilla v. Rumsfeld
Hamdan v. Rumsfeld
Boumediene v. Bush
3. Treatment of Individuals
• Memos from the Office of Legal Counsel,
Bush and Obama Administrations concerning
detainee treatment and interrogation policies
Detainee Treatment Act, 2005
• Senate Judiciary Committee Hearings on
Detainee Treatment, May 2009
• Interrogation of al Qaeda Operative, Memorandum for John
Rizzo, Acting General Counsel of the Central Intelligence
Agency, from Jay Bybee, Assistant Attorney General, August 1,
2002, from
http://www.fas.org/irp/agency/doj/olc/zubaydah.pdf