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5. Law Enforcement

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)

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5. Law Enforcement

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  1. 5. Law Enforcement

  2. Pre-2001 Terrorists as Criminals • 1996 Anti-Terrorism and Effective Death Penalty Act • Summary by US Congress, Congressional Research Service

  3. Ramzi Yousef Sheikh Omar Abdel Rahman (leader of Islamic Group) Convicted (1997/1998) for Convicted (1995) for bombing of WTC 1993 plot on NY Landmarks Life sentence Life Sentence United States v. Mohammed Salameh et al U.S. Court of Appeals – 2nd Circuit Aug 4, 1998

  4. Post-2001: What are Terrorists? Uncertainty Question: What are terrorists who are not affiliated with a nation-state? • Criminals • Soldiers • Neither • Both • Don’t ask

  5. Three Key Issues • Surveillance • Legal Status of Individuals • Treatment of Individuals

  6. 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

  7. 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

  8. 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

  9. The Legal Evolution: Key Legal Cases • Rasul v. Bush • Hamdi v. Rumsfeld • Padilla v. Rumsfeld • Hamdan v. Rumsfeld • Boumediene v. Bush

  10. 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

  11. 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

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