The Terrorist and the Pedophile: Exploring the Emergence, Construction and Function of Criminal Figures in a Time of Structural Dissolution
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20121211 IACHR Petition FINAL
TO THE HONORABLE MEMBERS OF THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS, ORGANIZATION OF AMERICAN STATES PETITION ALLEGING VIOLATIONS OF THE HUMAN RIGHTS OF JOSE PADILLA and ESTELA LEBRON BY THE UNITED STATES OF AMERICA WITH A REQUEST FOR AN INVESTIGATION AND HEARING ON THE MERITS By the undersigned, appearing as counsel for petitioners UNDER THE PROVISIONS OF ARTICLE 23 OF THE RULES OF PROCEDURE OF THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS Steven M. Watt Human Rights Program American Civil Liberties Union 125 Broad Street, 18th Floor New York, NY, 10004 F/(212)-549-2654 P/(212)-519-7870 Hope Metcalf Ingrid Deborah Francois, Law Student Intern Sheng Li, Law Student Intern Alaina Varvaloucas, Law Student Intern Allard K. Lowenstein Human Rights Clinic Yale Law School 127 Wall St. New Haven, CT 06520 P/(203)-432-9404 Table of Contents INTRODUCTION ..................................................................................................................................................................... 1 FACTUAL AND PROCEDURAL BACKGROUND ................................................................................................ 3 I. Petitioner Estela Lebron ............................................................................................................................................. 3 II. Seizure, Detention, and Interrogation of Jose Padilla ................................................................................... 3 A. Initial Arrest and Detention Under the Material Witness Act ......................................................... -
SRA111: Introduction to Security and Risk Analysis
SRA111: Introduction to Security and Risk Analysis Course Description SRA 111 is an introductory course with a broad focus, spanning primarily the areas of security, risk, and risk analysis. In addition to familiarizing the student with basic security terminology, it will also touch upon social and legal issues, risk analysis and mitigation, crime intelligence and forensics, and information warfare and assurance. This course will motivate students to understand the requirements for security in any government agency or business organization through the use of case studies. Included in this segment are cases related to cyberterrorism, bioterrorism, and critical infrastructure protection. Some concepts to be covered in the area of information security are: confidentiality, integrity, availability, and non- repudiation. Various methods of safeguarding these security concerns will be discussed, such as: single- and multi-factor authentication, encryption, digital signatures, prevention of denial of service attacks, and so forth. This course also covers social and legal issues related to security, in particular identity theft and social engineering. Topics in this section include identity theft, spam, spyware, and adware. This course also covers the basic principles and the approaches to risk analysis. Here students study vulnerability analysis, crime and intelligence analysis, forensics, techniques for risk assessment and risk mitigation. The course will prepare students for more in-depth courses such as SRA 211, SRA 221 and SRA 311. This course will incorporate collaborative and action-learning experiences wherever appropriate. Emphasis will be placed on developing and practicing writing and speaking skills through application of the concepts that define the course. Course Objectives Upon completion of the course, the student will: • Understand basic security concepts, terminology and possible solutions. -
The New Insurgents: a Select Review of Recent Literature on Terrorism and Insurgency
The New Insurgents: A Select Review of Recent Literature on Terrorism and Insurgency George Michael US Air Force Counterproliferation Center Maxwell Air Force Base, Alabama THE NEW INSURGENTS: A Select Review of Recent Literature on Terrorism and Insurgency by George Michael USAF Counterproliferation Center 325 Chennault Circle Maxwell Air Force Base, Alabama 36112-6427 March 2014 Disclaimer The opinions, conclusions, and recommendations expressed or implied in this publication are those of the author and do not necessarily reflect the views of the Air University, Air Force, or Department of Defense. ii Contents Chapter Page Disclaimer .............................................................................................. ii About the Author..................................................................................... v Introduction ........................................................................................... vii 1 Domestic Extremism and Terrorism in the United States ....................... 1 J.M. Berger, Jihad Joe: Americans Who Go to War in the Name of Islam ................................................................................................ 3 Catherine Herridge, The Next Wave: On the Hunt for Al Qaeda’s American Recruits ........................................................................... 8 Martin Durham, White Rage: The Extreme Right and American Politics ........................................................................................... 11 2 Jihadist Insurgent Strategy .................................................................... -
Homeland Security Implications of Radicalization
THE HOMELAND SECURITY IMPLICATIONS OF RADICALIZATION HEARING BEFORE THE SUBCOMMITTEE ON INTELLIGENCE, INFORMATION SHARING, AND TERRORISM RISK ASSESSMENT OF THE COMMITTEE ON HOMELAND SECURITY HOUSE OF REPRESENTATIVES ONE HUNDRED NINTH CONGRESS SECOND SESSION SEPTEMBER 20, 2006 Serial No. 109–104 Printed for the use of the Committee on Homeland Security Available via the World Wide Web: http://www.gpoaccess.gov/congress/index.html U.S. GOVERNMENT PRINTING OFFICE 35–626 PDF WASHINGTON : 2008 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 COMMITTEE ON HOMELAND SECURITY PETER T. KING, New York, Chairman DON YOUNG, Alaska BENNIE G. THOMPSON, Mississippi LAMAR S. SMITH, Texas LORETTA SANCHEZ, California CURT WELDON, Pennsylvania EDWARD J. MARKEY, Massachusetts CHRISTOPHER SHAYS, Connecticut NORMAN D. DICKS, Washington JOHN LINDER, Georgia JANE HARMAN, California MARK E. SOUDER, Indiana PETER A. DEFAZIO, Oregon TOM DAVIS, Virginia NITA M. LOWEY, New York DANIEL E. LUNGREN, California ELEANOR HOLMES NORTON, District of JIM GIBBONS, Nevada Columbia ROB SIMMONS, Connecticut ZOE LOFGREN, California MIKE ROGERS, Alabama SHEILA JACKSON-LEE, Texas STEVAN PEARCE, New Mexico BILL PASCRELL, JR., New Jersey KATHERINE HARRIS, Florida DONNA M. CHRISTENSEN, U.S. Virgin Islands BOBBY JINDAL, Louisiana BOB ETHERIDGE, North Carolina DAVE G. REICHERT, Washington JAMES R. LANGEVIN, Rhode Island MICHAEL MCCAUL, Texas KENDRICK B. MEEK, Florida CHARLIE DENT, Pennsylvania GINNY BROWN-WAITE, Florida SUBCOMMITTEE ON INTELLIGENCE, INFORMATION SHARING, AND TERRORISM RISK ASSESSMENT ROB SIMMONS, Connecticut, Chairman CURT WELDON, Pennsylvania ZOE LOFGREN, California MARK E. -
Military Commissions: a Place Outside the Law’S Reach
MILITARY COMMISSIONS: A PLACE OUTSIDE THE LAW’S REACH JANET COOPER ALEXANDER* “We have turned our backs on the law and created what we believed was a place outside the law’s reach.” Colonel Morris D. Davis, former chief prosecutor of the Guantánamo military commissions1 Ten years after 9/11, it is hard to remember that the decision to treat the attacks as the trigger for taking the country to a state of war was not inevitable. Previous acts of terrorism had been investigated and prosecuted as crimes, even when they were carried out or planned by al Qaeda.2 But on September 12, 2001, President Bush pronounced the attacks “acts of war,”3 and he repeatedly defined himself as a “war president.”4 The war * Frederick I. Richman Professor of Law, Stanford Law School. I would like to thank participants at the 2011 Childress Lecture at Saint Louis University School of Law and a Stanford Law School faculty workshop for their comments, and Nicolas Martinez for invaluable research assistance. 1 Ed Vulliamy, Ten Years On, Former Chief Prosecutor at Guantanamo Slams ‘Camp of Torture,’ OBSERVER, Oct. 30, 2011, at 29. 2 Previous al Qaeda attacks that were prosecuted as crimes include the 1993 bombing of the World Trade Center, the Manila Air (or Bojinka) plot to blow up a dozen jumbo jets, and the 1998 embassy bombings in East Africa. Mary Jo White, Prosecuting Terrorism in New York, MIDDLE E.Q., Spring 2001, at 11, 11–14; see also Christopher S. Wren, U.S. Jury Convicts 3 in a Conspiracy to Bomb Airliners, N.Y. -
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YOU SAY DEFENDANT, I SAY COMBATANT: OPPORTUNISTIC TREATMENT OF TERRORISM SUSPECTS HELD IN THE UNITED STATES AND THE NEED FOR DUE PROCESSAI JESSELYN A. RADACK* "[S]hould the Government determine that the defendant has engaged in conduct proscribed by the offenses now listed.., the United States may... capture and detain the defendant as an unlawful enemy com- 1 batant." - Plea Agreement of "American Taliban" John Walker Lindh "You are not an enemy combatant-you are a terrorist. You are not a 2 soldier in any way-you are a terrorist." - U.S. District Court Judge William G. Young to "shoe bomber" Richard Reid "[Enemy combatants] are not there because they stole a car or robbed a bank .... They are not common criminals. They're enemy combatants and terrorists who are being detained for acts of war against our coun- 3 try and this is why different rules have to apply." - U.S. Secretary of Defense Donald H. Rumsfeld A EDITOR'S NOTE: After this article was completely written and accepted for publication, the Supreme Court ruled in Hamdi v. Rumsfeld, as author Radack proposed with great foresight, that the Mathews v. Eldridge balancing test provides the appropriate analysis for the type of process that is constitutionally due to a detainee seeking to challenge his or her classification as an "enemy combatant." See Hamdi v. Rumsfeld, 124 S.Ct. 2633 (2004). *A.B., Brown University, 1992; J.D., Yale Law School, 1995. The author is Founder and Execu- tive Director of the Coalition for Civil Rights and Democratic Liberties (http://www.cradl.info). -
Pearl Abraham's American Taliban And
Journal of American Studies, (), , – © Cambridge University Press and British Association for American Studies . This is an Open Access article, distributed under the terms of the Creative Commons Attribution licence (http://creativecommons.org/licenses/by/./), which permits unrestricted re-use, dis- tribution, and reproduction in any medium, provided the original work is properly cited. doi:./S First published online April Reimagining Traitors: Pearl Abraham’s American Taliban and the Case of John Walker Lindh MARIA-IRINA POPESCU Pearl Abraham’s novel American Taliban uses the “true” story of John Walker Lindh, a white US citizen captured fighting for the Taliban in Afghanistan in ,toreflect on the intense mediation of public trauma in the early days of the “War on Terror.” This article dis- cusses the significance of American Taliban as a post-“/” work of literary fiction which, by imagining individual agency and interrogating the relationship between a racialized “Americanness,” treason and sovereignty, invites its readers to be critical of historical, political and media narratives in the so-called “post-truth era.” At the beginning of December , in a segment of Comedy Central’s The Daily Show titled “Operation Enduring Coverage,” American political satirist Jon Stewart challenged his viewers to “try wrapping [their] spinning heads around this one: meet twenty-year-old John Walker [Lindh], an American citizen turned Taliban soldier, recently captured after the prison uprising in Mazar-e-Sharif.” Stewart was joined by American humorist Maurice “Mo” Rocca, who satirized Lindh’s biography as “a recipe for radical Islamic funda- mentalism. An intelligent child, growing up with not one loving parent, but two loving parents, a family that’s making that difficult transition from upper middle class to lower upper class … it’s textbook, Jon.” Both Department of Literature, Film, and Theatre Studies, University of Essex. -
Al-Qaeda's Doomsday Document and Psychological Manipulation
Presented at "Genocide and Terrorism: Probing the Mind of the Perpetrator," Yale Center for Genocide Studies, New Haven, April 9, 2003. Al-Qaeda’s Doomsday Document and Psychological Manipulation Juan Cole In this paper I present a fresh reading and analysis of the first part of the so-called “Doomsday Document,” found in the luggage of September 11 hijacker Muhammad Atta. It follows on two other close readings, offered by Hassan Mneimeh and Kanaan Makiya, and by Bruce Lincoln. My question here is slightly different from the ones they asked of the document. I am asking here how the hijackers misused various techniques of Islamic spirituality to achieve a psychological state of mind in which it was possible for them to commit mass murder and their own suicides. On reflection, then, it seems to me that the text was probably authored by Muhammad Atta himself, the only Egyptian on the hijacking team. Another possibility is that the document was pulled together from instructions by more than one person, some of them not native Arabic speakers, and not carefully edited by an Arab with a good style. It is worth noting that I have been wrestling with this text since the FBI released it, but have found working with it to be extremely difficult on an emotional level. Like most Americans, I was traumatized by September 11 and by the enormity of the crime against humanity then perpetrated. As a friend of Muslims and an admirer of Islam as a religion, I also had great difficulty coming to terms with the was in which such an act could have come out of even a fringe cult within Islam. -
John Walker Lindh. Zacarias Moussaoui. Jose Padilla. Rich- Ard Reid
UNPATRIOTIC ACTS: AN INTRODUCTION SADI REzA* John Walker Lindh. Zacarias Moussaoui. Jose Padilla. Rich- ard Reid. Who reading these lines does not instantly recognize the names of these men? Or at least their assigned noms de guerre: American Taliban, 20th hijacker, dirty bomber, shoe bomber. For two and a half years these names and others have flitted through our daily copies of The New York Times like shadow characters in a play, along with black-and-white photographs underneath which black-and-white text tells us of their alleged (and sometimes proven) wrongdoing and the latest developments in their tribula- tions (and sometimes trials) with our government. But the men themselves are almost invisible, hidden from us by our government, which insists that the characters and the play are too dangerous for public view. The clich6 that the events of September 11, 2001, "changed everything" is perhaps nowhere more true than in the realm of criminal procedure. Soon the Supreme Court will decide whether aliens the United States has imprisoned at Guantanamo Bay, Cuba, can challenge their detention in U.S. courts, and whether a U.S. citizen captured in a foreign war zone can be held indefinitely, without counsel or even a charge, when the president decides he is an "enemy combatant."' The Court will also decide whether a U.S. citizen arrested inside the U.S. and deemed an enemy combatant can be similarly detained; 2 and the Court may decide whether the government can continue to detain individuals under the federal * Associate Professor, New York Law School. -
Constitutional Principles at Work in the Investigative-Journalism Genre
Vanderbilt Journal of Entertainment & Technology Law Volume 15 Issue 1 Issue 1 - Fall 2012 Article 4 2012 To Catch a Lawsuit: Constitutional Principles at Work in the Investigative-Journalism Genre Michael F. Dearington Follow this and additional works at: https://scholarship.law.vanderbilt.edu/jetlaw Part of the Civil Rights and Discrimination Commons, and the First Amendment Commons Recommended Citation Michael F. Dearington, To Catch a Lawsuit: Constitutional Principles at Work in the Investigative- Journalism Genre, 15 Vanderbilt Journal of Entertainment and Technology Law 117 (2020) Available at: https://scholarship.law.vanderbilt.edu/jetlaw/vol15/iss1/4 This Note is brought to you for free and open access by Scholarship@Vanderbilt Law. It has been accepted for inclusion in Vanderbilt Journal of Entertainment & Technology Law by an authorized editor of Scholarship@Vanderbilt Law. For more information, please contact [email protected]. To Catch a Lawsuit: Constitutional Principles at Work in the Investigative-Journalism Genre ABSTRACT This Note examines two causes of action, civil rights violations under 42 U.S.C. § 1983 and IIED claims, in the context of lawsuits against investigative journalists. Examining two recent cases in particular, Tiwari v. NBC Universal, Inc. and Conradt v. NBC Universal, Inc., which arise out of NBC's conduct in its primetime series To Catch a Predator, this Note concludes that legal standards governing conduct by investigative journalists are currently unclear. Investigative journalists are not adequately on notice as to when they might be liable under § 1983 for violating a subject's civil rights. And district courts have failed to appreciate journalists'First Amendment rights when analyzing IIED claims. -
Preventing Terrorism by Prosecuting Material Support Brian P
Notre Dame Law Review Volume 80 Issue 2 Competing and Complimentary Rule Systems: Article 9 Civil Procedure and ADR 1-1-2005 Preventing Terrorism by Prosecuting Material Support Brian P. Comerford Follow this and additional works at: http://scholarship.law.nd.edu/ndlr Recommended Citation Brian P. Comerford, Preventing Terrorism by Prosecuting Material Support, 80 Notre Dame L. Rev. 723 (2005). Available at: http://scholarship.law.nd.edu/ndlr/vol80/iss2/9 This Note is brought to you for free and open access by NDLScholarship. It has been accepted for inclusion in Notre Dame Law Review by an authorized administrator of NDLScholarship. For more information, please contact [email protected]. NOTES PREVENTING TERRORISM BY PROSECUTING MATERIAL SUPPORT Brian P. Comerford* The most important aspect of the war on terror is the application of the rule of law to break the backs of terrorist organizations.' INTRODUCTION In the years since September 11, federal prosecutors have intensi- fied their efforts to bring criminal prosecutions as part of the war on terror. An essential tool in these efforts is the material support stat- ute, 18 U.S.C. § 2339B, which prohibits the provision of material sup- port to designated foreign terrorist organizations. Using the material support statute, the government has charged a number of defendants in the war on terror, including John Walker Lindh and the "Lackawanna Six" defendants. Although often de- scribed as a terrorist financing law, 2 recent cases illustrate the impor- tance of the material support statute not just to restrict terrorist fundraising, but to combat all types of support to terrorist organiza- tions. -
Who Should Be Charged with Criminal Conduct?
Volume 109 Issue 4 Dickinson Law Review - Volume 109, 2004-2005 3-1-2005 Jose Padilla and Martha Stewart: Who Should be Charged with Criminal Conduct? Ellen S. Podgor Follow this and additional works at: https://ideas.dickinsonlaw.psu.edu/dlra Recommended Citation Ellen S. Podgor, Jose Padilla and Martha Stewart: Who Should be Charged with Criminal Conduct?, 109 DICK. L. REV. 1059 (2005). Available at: https://ideas.dickinsonlaw.psu.edu/dlra/vol109/iss4/8 This Article is brought to you for free and open access by the Law Reviews at Dickinson Law IDEAS. It has been accepted for inclusion in Dickinson Law Review by an authorized editor of Dickinson Law IDEAS. For more information, please contact [email protected]. Jose Padilla and Martha Stewart: Who Should Be Charged with Criminal Conduct? Ellen S. Podgor* I. Introduction Prosecutorial discretion plays an important role in deciding who will be charged with criminal conduct, and what, if any charges will be pursued.1 As a result of numerous factors, prosecutorial power has expanded in recent years. For one, there is an increased number of federal criminal statutes.2 Further, broad interpretations of these statutes play a key role in offering new options for prosecutors as they exercise their discretion.3 Prosecutors also have the liberty to charge "cover-up" crimes, 4 such as making false statements or obstructing justice, as opposed to proceeding against the underlying conduct. Additionally, prosecutors have significant leeway in pursuing extraterritorial conduct and they may now proceed against conduct that at one time may have * Professor of Law, Georgia State University College of Law.