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Homeland Security Law Policy Jurimetrics
SYMPOSIUM HOMELAND SECURITY, LAW, AND POLICY THROUGH THE LENS OF CRITICAL INFRASTRUCTURE AND KEY ASSET PROTECTION Joe D. Whitley, George A. Koenig, and Steven E. Roberts* ABSTRACT: Homeland security continues to be one of the principal priorities of government at all levels. Homeland security, however, is not static. What gets pro- tected, how resources are allocated, and the manner in which threats are identified continue to evolve. In particular, critical infrastructure and key asset protection are fundamental components of homeland security greatly influenced by developments in law and policy. CITATION: Joe D. Whitley, George A. Koenig, and Steven E. Roberts, Homeland Security, Law, and Policy Through the Lens of Critical Infrastructure and Key Asset Protection, 47 Jurimetrics J. 259–279. *Joe D. Whitley was the first General Counsel of the Department of Homeland Security and is now an attorney and part of the Global Security and Enforcement Team in the Washington, D.C., office of Alston & Bird L.L.P. George A. Koenig was former Counsel to the General Counsel of the Department of Homeland Security and is now an attorney and part of the Global Security and Enforcement Team in the Washington, D.C., office of Alston & Bird L.L.P. Steven E. Roberts is an attorney specializing in homeland security matters in Boca Raton, Florida. SPRING 2007 259 Whitley et al. I. HOMELAND SECURITY: NOT A POST 9/11 PHENOMENON The escalation of terrorist activity throughout the 1990s suggests that the end of the Cold War ushered in a new era of conflict.1 The terrorist enemies in this war neither maintain standing armies nor subscribe to the laws of war. -
MAJID KHAN, at This Time Please Do Not Comment on the Evidence
(b )( 1) (b)(3) NatSecAct TOP SECRET !I SCI.J, Verbatim Transcript of Combatant Status Review Tribunal Hearing for ISN 10020 OPENING PRESIDENT· This hearing shall come to order. RECORDER. This Tribunal is being conducted at 08:42 on 15 April 2007 on board U.S. Naval Base GuantanamoBay. Cuba. The following personnel arc present: Colom:! (b)(6) United States Air Fom·. Prcs1dcnt, Cornman er (b)(6) United States Navy, \fomber, Licutc b)(6) United States ·\ir Force, Member, Majo {b){6) Unitt.'tlStates Air Force, Personal Representative, Sergeant ·1rst rs(b)(6 United States Anny, Reporter, Ma.1od(b)(6) l~Stalt!s Air force, Recorder. Lieutenant Colone!~is the Judge Advocate member of the Tribunal. OATH SESSION1 RECORDF.R All rise. PRESIDENT: The Recorder will be !mom. Do you, Major!(b)(6) l swear or aflinn that you will faithfully performthe duties as Recmdcr assigned in this Tribunal, so help you God? RECORDER. I do. PRESIDENT: The Reporter will now he sworn. The Recorder w:11administer the oath. RECORDER: Do you, Sergeant first Cla">s(b)(6) , swear •hat you will faithfully discharge your duties as Rcporter ass1gne in this i'ribunal. so help you Ood'7 REPORTER: I do. PRESIDEN·t. We'll take a brief recess while the Detainee is brought into the room. RECORDER: The time is 08:43 on 15 April 2007. This Tribunal is now in recess. All rise. [All personnel depart the room.] CONVENINGAUTHORITY RH'.ORDER: (All personnel return into the room at 08:48.] All ri~c. PRESIDENT: This hearing will come to order. -
Central Intelligence Agency (CIA) Freedom of Information Act (FOIA) Case Log October 2000 - April 2002
Description of document: Central Intelligence Agency (CIA) Freedom of Information Act (FOIA) Case Log October 2000 - April 2002 Requested date: 2002 Release date: 2003 Posted date: 08-February-2021 Source of document: Information and Privacy Coordinator Central Intelligence Agency Washington, DC 20505 Fax: 703-613-3007 Filing a FOIA Records Request Online The governmentattic.org web site (“the site”) is a First Amendment free speech web site and is noncommercial and free to the public. The site and materials made available on the site, such as this file, are for reference only. The governmentattic.org web site and its principals have made every effort to make this information as complete and as accurate as possible, however, there may be mistakes and omissions, both typographical and in content. The governmentattic.org web site and its principals shall have neither liability nor responsibility to any person or entity with respect to any loss or damage caused, or alleged to have been caused, directly or indirectly, by the information provided on the governmentattic.org web site or in this file. The public records published on the site were obtained from government agencies using proper legal channels. Each document is identified as to the source. Any concerns about the contents of the site should be directed to the agency originating the document in question. GovernmentAttic.org is not responsible for the contents of documents published on the website. 1 O ct 2000_30 April 2002 Creation Date Requester Last Name Case Subject 36802.28679 STRANEY TECHNOLOGICAL GROWTH OF INDIA; HONG KONG; CHINA AND WTO 36802.2992 CRAWFORD EIGHT DIFFERENT REQUESTS FOR REPORTS REGARDING CIA EMPLOYEES OR AGENTS 36802.43927 MONTAN EDWARD GRADY PARTIN 36802.44378 TAVAKOLI-NOURI STEPHEN FLACK GUNTHER 36810.54721 BISHOP SCIENCE OF IDENTITY FOUNDATION 36810.55028 KHEMANEY TI LEAF PRODUCTIONS, LTD. -
Framing 'Jihadjane'
What’s Love Got To Do With It? Framing ‘JihadJane’ in the US Press Maura Conway Dublin City University, Ireland Lisa McInerney University of Limerick, Ireland Abstract The purpose of this article is to compare and contrast the US press coverage accorded to female terrorist plotter, Colleen LaRose, with that of two male terrorist plotters in order to test whether assertions in the academic literature regarding media treatment of women terrorists stand up to empirical scrutiny. The authors employed TextSTAT software to generate frequency counts of all words contained in 150 newspaper reports on their three subjects and then slotted relevant terms into categories fitting the commonest female terrorist frames, as identified by Nacos’s article in Studies in Conflict and Terrorism (2005). The authors’ findings confirm that women involved in terrorism receive significantly more press coverage and are framed vastly differently in the US press than their male counterparts. Keywords: female, framing, gender, jihadi, Colleen LaRose, newspapers, press, terrorism, women __________________________________________________________________________________ Introduction This article analyses US press reports on a woman and two men arrested in the US in 2009 and 2010 for their parts in three separate jihadi terrorist plots. The female plotter is widely known as ‘JihadJane’, which was an online pseudonym for Colleen LaRose, an American woman charged with four terrorism-related offences and taken into custody by US law enforcement at Philadelphia International Airport on her return from Europe in October 2009 (Shiffman, 2011).[1] LaRose is accused of using the internet to recruit individuals for the purpose of engaging in violent jihad, to include the murder of Swedish cartoonist Lars Vilks. -
Office of the Attorney General the Honorable Mitch Mcconnell
February 3, 2010 The Honorable Mitch McConnell United States Senate Washington, D.C. 20510 Dear Senator McConnell: I am writing in reply to your letter of January 26, 2010, inquiring about the decision to charge Umar Farouk Abdulmutallab with federal crimes in connection with the attempted bombing of Northwest Airlines Flight 253 near Detroit on December 25, 2009, rather than detaining him under the law of war. An identical response is being sent to the other Senators who joined in your letter. The decision to charge Mr. Abdulmutallab in federal court, and the methods used to interrogate him, are fully consistent with the long-established and publicly known policies and practices of the Department of Justice, the FBI, and the United States Government as a whole, as implemented for many years by Administrations of both parties. Those policies and practices, which were not criticized when employed by previous Administrations, have been and remain extremely effective in protecting national security. They are among the many powerful weapons this country can and should use to win the war against al-Qaeda. I am confident that, as a result of the hard work of the FBI and our career federal prosecutors, we will be able to successfully prosecute Mr. Abdulmutallab under the federal criminal law. I am equally confident that the decision to address Mr. Abdulmutallab's actions through our criminal justice system has not, and will not, compromise our ability to obtain information needed to detect and prevent future attacks. There are many examples of successful terrorism investigations and prosecutions, both before and after September 11, 2001, in which both of these important objectives have been achieved -- all in a manner consistent with our law and our national security interests. -
Jenny-Brooke Condon*
CONDON_MACRO (8-25-08) 8/25/2008 10:31:18 AM EXTRATERRITORIAL INTERROGATION: THE POROUS BORDER BETWEEN TORTURE AND U.S. CRIMINAL TRIALS Jenny-Brooke Condon∗ I. INTRODUCTION The conviction of Ahmed Omar Abu Ali, a twenty-two-year-old U.S. citizen from Virginia, for conspiring to commit terrorist attacks within the United States1 exposes a potential crack in a long- assumed bulwark of U.S. constitutional law: that confessions obtained by torture will not be countenanced in U.S. criminal trials.2 ∗ Visiting Clinical Professor, Seton Hall University School of Law. The author served on the legal team representing Ahmed Omar Abu Ali in his habeas corpus petition filed against the United States while he was detained in Saudi Arabia, and contributed to the defense in his subsequent criminal case. The author is grateful to Seton Hall Law School and Kathleen Boozang, in particular, for generous support of this project. She would also like to thank the following people for their insightful comments on previous drafts: Baher Azmy, Elizabeth Condon, Edward Hartnett, and Lori Nessel. She thanks Sheik Shagaff, Abdolreza Mazaheri, and Katherine Christodoloutos for their excellent work as research assistants. 1. See News Release, U.S. Dep’t of Justice (Nov. 22, 2005), available at http://www.usdoj.gov/usao/vae/Pressreleases/2005/1105.html (last visited Feb. 13, 2008) (noting that a jury in Eastern District of Virginia found Abu Ali guilty on November 22, 2005 of nine counts, including conspiracy to provide material support and resources to al Qaeda, providing material support to terrorists, conspiracy to assassinate the president of the United States, and conspiracy to commit air piracy and to destroy aircraft). -
The Suffocation of Free Speech Under the Gravity of Danger of Terrorism
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by bepress Legal Repository First Amendment Tim Davis Prof. Raskin The Suffocation of Free Speech under the Gravity of Danger of Terrorism I. Introduction Ali al -Timimi (“al- Timimi”) is an outspoken Muslim scholar who is well respected in the worldwide Muslim community. In his fervent support of Muslims everywhere, he has openly proclaimed that America is one of the chief enemies of the Muslim populace. 1 He has proclaimed that the explosion of the space shuttle Columbia was a sign for Muslims to take action.2 He has urged young Muslim men to jihad, to wage armed conflict with the enemies of Islam. 3 It is safe to say that al -Timimi has made numerous speeches that most Americans would find highly objectionable. On September 23, 2004, the Federal government charged al -Timimi with a six -co unt indictment4, which was later superceded by the present ten -count indictment. 5 During the trial in April 2005, the prosecution introduced over 250 evidentiary exhibits 6, testimony from several expert witnesses on radical Islamism 7, and testimony from various government agents. In 1 Presentencing Report for Muhammed Aatique at 17, United States v. Khan, (No. 03 -296 -A). 2 Presentencing Report for Muhammed Aatique at 17, United States v. Khan, (No. 03 -296 -A). 3 Transcripts, Rebuttal Argument by Mr. Kromberg, Pleading 123 at 14, United States v. Al -Timimi, (No. 1:04cr385). 4 Indictment, United States v. Al -Timimi, (No. 1:04cr385), available at http://www.altimimi.org. -
Obstructing Justice: the Rise and Fall of the AEDPA*
AGARWAL.DOC 9/17/2019 11:04 AM Obstructing Justice: The Rise and Fall of the AEDPA* TABLE OF CONTENTS I. INTRODUCTION .................................................................................................. 840 II. THE CURRENT POLITICAL LANDSCAPE: PUSHING FORWARD DESPITE PUBLIC DISSENT ................................................... 843 III. THE AEDPA OF 1996 ........................................................................................ 850 A. At Issue: Prohibiting Material Support to Designated Foreign Terrorist Organizations .......................................... 850 B. Major Constitutional Victories: The Rise of the AEDPA ........................................................................................... 857 1. Under the First Amendment: Guilt by Association ........................... 858 2. Under the First Amendment: Political Advocacy and the Question of Scrutiny ............................................................. 863 3. Under the First Amendment: Vagueness ........................................... 866 IV. HITTING A BRICK WALL: THE FALL OF THE AEDPA .......................................... 871 A. National Security: Abridging Procedural Due Process to Foreign Terrorist Organizations .................................... 878 B. Crisis Legislation: The Age-Old Conflict Between Civil Liberties and National Security ....................................................... 882 1. Distinguishing the Alien and Sedition Acts ....................................... 886 2. Distinguishing Japanese -
Darpa Starts Sleuthing out Disloyal Troops
UNCLASSIFIED (U) FBI Tampa Division CI Strategic Partnership Newsletter JANUARY 2012 (U) Administrative Note: This product reflects the views of the FBI- Tampa Division and has not been vetted by FBI Headquarters. (U) Handling notice: Although UNCLASSIFIED, this information is property of the FBI and may be distributed only to members of organizations receiving this bulletin, or to cleared defense contractors. Precautions should be taken to ensure this information is stored and/or destroyed in a manner that precludes unauthorized access. 10 JAN 2012 (U) The FBI Tampa Division Counterintelligence Strategic Partnership Newsletter provides a summary of previously reported US government press releases, publications, and news articles from wire services and news organizations relating to counterintelligence, cyber and terrorism threats. The information in this bulletin represents the views and opinions of the cited sources for each article, and the analyst comment is intended only to highlight items of interest to organizations in Florida. This bulletin is provided solely to inform our Domain partners of news items of interest, and does not represent FBI information. In the JANUARY 2012 Issue: Article Title Page NATIONAL SECURITY THREAT NEWS FROM GOVERNMENT AGENCIES: American Jihadist Terrorism: Combating a Complex Threat p. 2 Authorities Uncover Increasing Number of United States-Based Terror Plots p. 3 Chinese Counterfeit COTS Create Chaos For The DoD p. 4 DHS Releases Cyber Strategy Framework p. 6 COUNTERINTELLIGENCE/ECONOMIC ESPIONAGE THREAT ITEMS FROM THE PRESS: United States Homes In on China Spying p. 6 Opinion: China‟s Spies Are Catching Up p. 8 Canadian Politician‟s Chinese Crush Likely „Sexpionage,‟ Former Spies Say p. -
JIHAD Pag 1-10 Revazut.Qxd
JIHADUL ISLAMIC DE LA "|NFRÂNGEREA TERORII" {I "R+ZBOIUL SFÂNT" LA "SPERAN}A LIBERT+}II" JIHADUL ISLAMIC 1 Foto coperta I • SHEIKH MAWLANA MUHAMMAD HISHAM COD CNCSIS 270 ANDREESCU, ANGHEL Jihadul Islamic de la ''|nfrângerea terorii'' [i ''R=zboiul Sfânt''ANDREESCU, la ''speran]a ANGHEL libert=]ii'' / Anghel Andreescu, NicolaeJihadul Radu. Islamic - Bucure[ti: de la ''|nfrângerea Editura Ministerului terorii'' [i ''R=zboiulInternelor [iSfânt'' Reformei la Administrative,''speran]a libert=]ii'' 2008 / Anghel Andreescu, Bibliogr.Nicolae Radu. - Bucure[ti: Editura Ministerului Internelor ISBN[i Reformei 978-973-745-011-1 Administrative, 2008 Bibliogr. I.ISBN Radu, 978-973-745-011-1 Nicolae 329.7(¡411.21)I. Radu, Nicolae Jihad 329.7(¡411.21) Jihad Opera]ii editoriale: colectiv Editura MIRA Tip=rit: Tipografia Codex Anghel ANDREESCU, Nicolae RADU 2 Chestor general de poli]ie Comisar [ef prof. univ. dr. Anghel ANDREESCU conf. univ. dr. Nicolae RADU JIHADULJIHADUL ISLAMICISLAMIC DE LA "|NFRÂNGEREA TERORII" {I "R+ZBOIUL SFÂNT" LA "SPERAN}A LIBERT+}II" BUCURE{TI – 2008 – JIHADUL ISLAMIC 3 Cuprins Gând pentru toleran]= . 9 Prefa]= . 11 Introducere . 15 Introduction . 29 Introduction . 43 Lista abrevieri . 59 Capitolul 1 De la Islam la cunoa[terea Jihadului . 65 Cât de bine cunoa[tem Islamul? . 65 Unicitatea lui Allah . 79 |n numele credin]ei . 96 Calea spre Mecca . 98 Ebraismul confirmat . 103 Moartea Profetului . .104 Urma[ii lui Mahomed . 106 Dinastia Abbasida [i civiliza]ia islamic= . 109 |n=l]are [i dec=dere . 110 {ii]i [i suni]i . 111 Religia \ntre [ii]i [i suni]i . 113 Cartea Sfânt= a Islamului . 115 Nemurirea sufletului . -
Tom Eagleton and the "Curse to Our Constitution"
TOM EAGLETON AND THE “CURSE TO OUR CONSTITUTION” By William H. Freivogel Director, School of Journalism, Southern Illinois University Carbondale Associate Professor, Paul Simon Public Policy Institute This paper is scheduled for publication in St. Louis University Law Journal, Volume 52, honoring Sen. Eagleton. Introduction: If my friend Tom Eagleton had lived a few more months, I’m sure he would have been amazed – and amused in a Tom Eagleton sort of way - by the astonishing story of Alberto Gonzales’ late night visit to John Aschroft’s hospital bed in 2004 to persuade the then attorney general to reauthorize a questionable intelligence operation related to the president’s warrantless wiretapping program. No vignette better encapsulates President George W. Bush’s perversion of the rule of law. Not since the Saturday Night Massacre during Watergate has there been a moment when a president’s insistence on having his way resulted in such chaos at the upper reaches of the Justice Department. James Comey, the deputy attorney general and a loyal Republican, told Congress in May, 2007 how he raced to George Washington hospital with sirens blaring to beat Gonzeles to Ashcroft’s room.1 Comey had telephoned FBI Director Robert S. Mueller to ask that he too come to the hospital to back up the Justice Department’s view that the president’s still secret program should not be reauthorized as it then operated.2 Ashcroft, Comey and Mueller held firm in the face of intense pressure from White House counsel Gonzales and Chief of Staff Andrew Card. Before the episode was over, the three were on the verge of tendering their resignations if the White House ignored their objections; the resignations were averted by some last-minute changes in the program – changes still not public.3 Before Eagleton’s death, he and I had talked often about Bush and Ashcroft’s overzealous leadership in the war on terrorism. -
9-11 and Terrorist Travel- Full
AND TERRORIST TRAVEL Staff Report of the National Commission on Terrorist Attacks Upon the United States 9/11 AND TERRORIST TRAVEL Staff Report of the National Commission on Terrorist Attacks Upon the United States By Thomas R. Eldridge Susan Ginsburg Walter T. Hempel II Janice L. Kephart Kelly Moore and Joanne M. Accolla, Staff Assistant Alice Falk, Editor Note from the Executive Director The Commission staff organized its work around specialized studies, or monographs, prepared by each of the teams. We used some of the evolving draft material for these studies in preparing the seventeen staff statements delivered in conjunction with the Commission’s 2004 public hearings. We used more of this material in preparing draft sections of the Commission’s final report. Some of the specialized staff work, while not appropriate for inclusion in the report, nonetheless offered substantial information or analysis that was not well represented in the Commission’s report. In a few cases this supplemental work could be prepared to a publishable standard, either in an unclassified or classified form, before the Commission expired. This study is on immigration, border security and terrorist travel issues. It was prepared principally by Thomas Eldridge, Susan Ginsburg, Walter T. Hempel II, Janice Kephart, and Kelly Moore, with assistance from Joanne Accolla, and editing assistance from Alice Falk. As in all staff studies, they often relied on work done by their colleagues. This is a study by Commission staff. While the Commissioners have been briefed on the work and have had the opportunity to review earlier drafts of some of this work, they have not approved this text and it does not necessarily reflect their views.