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CIVIL LIBERTIES AND NATIONAL SECURITY

CIVIL LIBERTIES AND NATIONAL SECURITY. Benjamin Franklin 1755. “They who would give up essential Liberty for a little temporary Safety deserve neither Liberty or Security.”. OVERVIEW. Greatest threats to our civil liberties occur during wartime.

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CIVIL LIBERTIES AND NATIONAL SECURITY

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  1. CIVIL LIBERTIES AND NATIONAL SECURITY

  2. Benjamin Franklin 1755 • “They who would give up essential Liberty for a little temporary Safety deserve neither Liberty or Security.”

  3. OVERVIEW • Greatest threats to our civil liberties occur during wartime. • Wars expand the responsibilities and authority of the national government. • But leaders may also use national security as an excuse to expand their authority.

  4. History of Restrictions on Civil Liberties During Wartime • Alien and Sedition Acts 1798 allowed imprisonment of president’s opponents • Suspension of Habeas Corpus during Civil War • Espionage and Sedition Acts—WWI against war protestors and socialists • Palmer Raids—1919-1920 Justice Department deportation of radicals like Emma Goldman

  5. Continued • Korematsu v. US 1944—Japanese Americans sent to WWII detention camps • 1940s-50s: House UnAmerican Activities Committee and McCarthy hearings—blacklisting of “Hollywood 10” during Cold War • 1960s-70s: FBI spying on Civil Rights and anti-war movement leaders such as ML King

  6. Question • What justifies the federal government in limiting our personal liberties during national security emergencies?

  7. Presidential Declaration of National Emergency • No specific provision in Constitution grants this power to the president. • But the US has been under a continuous “war on terror” declaration of national emergency since 9/14/01!

  8. 9-11 Attacks • Worst terrorist attacks in US history killed nearly 3000 Americans

  9. 9/11 National Emergency • Use of Military Force Resolution 9/14/01 granted Bush all powers “necessary and appropriate” to fight terrorism. • President Bush invoked national emergency powers on 9/14/01 and it continues to this day • Allows for suspension of habeas corpus • Not an enumerated constitutional power of the president; a “prerogative [inherent] power.” • National Emergencies Act 1976 intended to stop the use national emergencies of indefinite duration, but one has existed now for over 17 years.

  10. War on Terror • What is terrorism? Distinguished from conventional warfare • A form of nonconventional, asymmetric warfare • Terrorists are non-state actors • Not military; dressed as civilians • Attacks on civilians constitute war crimes • A form of psychological warfare

  11. “Unlawful Enemy Combatants” • Legal designation of terrorists • Established by Bush’s 11/13/2001 executive order • Not protected by Constitution or Geneva Convention • Held offshore in Guantanamo Bay Navy Prison and tried by Military Commission • Rasul v. Bush 2004—Gitmo detainees may challenge their confinement but may be held without charges.

  12. SalimHamdan and Jose Padilla

  13. Hamdan v. Rumsfeld 2006 • Bin Laden’s driver and body guard • “Alien enemy illegal combatant” • Habeas corpus case • Supreme Court declared that military commissions violated uniform code of military justice • “Military Commissions Act” 2006 created statutory authority for them • Hamdan found guilty of “material support” in 2008, but not of conspiracy, the most serious charge

  14. US v. Padilla 2007 • US citizen dirty bomber held as illegal enemy combatant and material witness • Challenged US under right of habeas corpus and for wanting to try him by military court • Supreme Court: President does not have authority to hold US citizens as enemy combatants • Then transferred to civilian court to avoid Supreme Court challenge, found guilty and sentenced to 17 years in max. prison • Allegations of torture

  15. Khalid Shaikh Mohammed • Mastermind of 9/11 bombings • Gitmo detainee • Waterboarding of KSM by CIA • Trial by military commission

  16. Torture of GITMO Prisoners • Abusive treatment included cold, stress positions, no sleep, removal of clothes, threats, dogs. • John Woo memo said if it doesn’t lead to death or organ failure, it’s not torture.

  17. Discussion • https://www.youtube.com/watch?v=wnuf9x8krtg • Was torture after 9/11 justified? Watch and you decide!

  18. Extraordinary Renditions • CIA capturing abroad of suspected terrorists and transferring them to another country (not US) • Use of “black sites” • Abu Omar—captured in Milan, transported to Egypt where he claims he was tortured • Over 150 cases since 2001

  19. Barack Obama • Promised to close Guantanamo Bay Prison but it remains open • Greater reliance upon targeted killings of terrorists away from the field of battle, such as Osama bin Laden • Use of special forces and unmanned drones

  20. Drone Attacks in Pakistan, Afghanistan, and Yemen • Don’t bother capturing unlawful combatants • Often outside the theater of war • Over 2000 terrorists and 500 civilians killed

  21. Anwar al-Aulaqi • US-born Yemeni heritage jihadist al Qaeda • “Bin Laden of the internet”—online anti western lectures inspired others like underwear bomber and Fort Hood shooter to take up arms. • http://www.youtube.com/watch?v=_vJdv-HX28o • Father sought restraining order but judge threw out the case saying it was a political question and father did not have standing • Killed by Hellfire missiles shot from predator drones on Sept 30 2011 in Yemen • 16-year old son killed two weeks later

  22. "We will implement the rule of Allah on Earth by the tip of the sword, whether the masses like it or not."

  23. USA PATRIOT Act 2001 • Quickly passed under suspension of House and Senate rules • Expanded powers of investigation and surveillance by Justice Department (FBI) • FBI-CIA information sharing

  24. USA PATRIOT Act Issues • Permits expanded search warrants of groups and roving wiretaps of cell phones • Third-party searches without warrant such as school records, libraries, bank accounts • Sneak-and-peak searches—warrants presented weeks after the search • Deportation of resident aliens for technical violations of their visas.

  25. Homeland Security Act 2002 • Created Dept of Homeland Security • To protect us against future terrorist attacks. • TSA screening at airports—does this violate our right to privacy?

  26. Review • National security needs often conflict with our civil liberties • The War on Terror has presented some of the greatest restrictions on our liberties. • Limited habeas corpus rights of enemy combatants • Torture of accused enemy combatants by CIA and Defense Department • Expanded powers of surveillance by FBI of US citizens • Airport security measures by TSA

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