HOUSE of REPRESENTATIVES—Wednesday, May 11, 2005

Total Page:16

File Type:pdf, Size:1020Kb

HOUSE of REPRESENTATIVES—Wednesday, May 11, 2005 May 11, 2005 CONGRESSIONAL RECORD—HOUSE 9145 HOUSE OF REPRESENTATIVES—Wednesday, May 11, 2005 The House met at 10 a.m. and was A SPECIAL TRIBUTE TO DANIEL we will win back the Congress in 2006 called to order by the Speaker pro tem- PATRICK GALLAGHER ON THE on the Social Security issue that many pore (Mr. SIMPSON). OCCASION OF HIS SERVICE AS have stopped challenging the adminis- f GUEST CHAPLAIN TO THE tration on the war on Iraq: Let us take UNITED STATES HOUSE OF REP- the war off the table as an issue and DESIGNATION OF THE SPEAKER RESENTATIVES focus on other issues. PRO TEMPORE It is not a new strategy. It was pur- (Mr. GILLMOR asked and was given The SPEAKER pro tempore laid be- sued by congressional Democrats in permission to address the House for 1 fore the House the following commu- minute and to revise and extend his re- 2002 when our leadership supported the nication from the Speaker: marks.) war in Iraq. We lost. It was furthered WASHINGTON, DC, Mr. GILLMOR. Mr. Speaker, I rise in 2004 when our nominee supported the May 11, 2005. today to pay tribute to a truly wonder- war. We lost. We lost a chance to re- I hereby appoint the Honorable MICHAEL K. ful friend of the Fifth Congressional gain the Congress and take back the SIMPSON to act as Speaker pro tempore on District of Ohio. Daniel P. Gallagher is White House, and the American people this day. lost a chance for a new start. Why? Be- J. DENNIS HASTERT, currently the minister at Edon Church Speaker of the House of Representatives. of Christ in Edon, Ohio. Today the cause we did not challenge the central vulnerability of the administration f House was honored to open our legisla- tive session by the inspirational words that led this country into war, into a PRAYER of Daniel as our guest chaplain. war based on lies and misrepresenta- The Reverend Daniel P. Gallagher, To his soldiers at Valley Forge, our tions. Pastor, Edon Church of Christ, Edon, Nation’s Founding Father George Democrats’ failure to challenge the Ohio, offered the following prayer: Washington proclaimed, ‘‘To the dis- war represents a failure of the two- O Lord, God of heaven and earth, tinguished character of patriot, it party system. For the Democrats to be- there is no God like You. Your mercy should be our highest glory to add the come politically viable in 2006 and 2008, and grace continue to shower down on more distinguished character of Chris- we must take on this administration Your servants, those of this great tian.’’ Today, before our House could on the War on Iraq, not giving them building who serve this Nation’s peo- again open and continue to work the more money to keep the war going. We ple, a Nation started not by accident will of the people, we paused, and we must move to cut off funds, to bring but by Your providence and watch paused, as we have each morning since our troops home, to get out of Iraq, to care. the Continental Congress, to give make those who lied to us to get us I ask of You, Lord, to help guide thanks and ask for strength. into war accountable, to hold them ac- these men and women to make deci- We have had a chaplain since 1789, countable in the courts. and as Guest Chaplain, Daniel Galla- sions that will make this country bet- f gher continues the great tradition by ter and stronger, not just in the phys- offering his leadership and guidance to THEY WILL NOT JUST DIE ical sense but in the spiritual as well. this institution. ANYWAY Help these leaders to keep their eyes Through Reverend Gallagher’s opening focused on Your desires to make this (Mr. PITTS asked and was given per- prayer today, the Village of Edon has ex- country what You intended her to be mission to address the House for 1 tended its arms and offered their prayers to minute and to revise and extend his re- when You first brought people to its those elected to serve them. shores to be a ‘‘light on a hill’’ for all marks.) Williams County, Ohio is proud to claim the Mr. PITTS. Mr. Speaker, some time the world to see. But, Father, may the Village of Edon and its nearly one thousand world not see the might of this country this summer, the House will vote on a citizens. The county borders both the States of bill to allow Federal funds to be used but the Almighty, who is our Watch- Michigan and Indiana. This wonderful area of man. Amen. to destroy embryos stored at IVF clin- Ohio produces great crops for consumption, ics in order to harvest their stem cells. f machines for production and the toys which Those voting for this legislation will THE JOURNAL deliver upon us the joyful sounds of children say that these are leftover embryos. laughing. Williams County and the Village of They will say they are going to be The SPEAKER pro tempore. The Edon provide the fruit of life to our Nation and Chair has examined the Journal of the killed anyway. today it has sent us its shepherd. Well, they are wrong. Only 2.8 per- last day’s proceedings and announces Mr. Speaker, I ask my colleagues to join me cent of embryos in IVF clinics have to the House his approval thereof. in paying special tribute to Daniel P. Gallagher been set aside for research; the rest are Pursuant to clause 1, rule I, the Jour- as we give thanks for his inspiring words. On nal stands approved. behalf of the people of the Fifth District of destined for implantation or adoption. But, we do not need to kill these em- f Ohio, I am proud to recognize his faith and service. We wish Daniel and his family the bryos to do stem cell research. Stem PLEDGE OF ALLEGIANCE best as we salute one of Ohio’s finest citizens. cells can be taken from many adult sources: fatty tissue, spleen, liver, The SPEAKER pro tempore. Will the f gentleman from Georgia (Mr. PRICE) sinus, bone marrow, just to name a come forward and lead the House in the NEW FOCUS TO BRING OUR few. These are called adult stem cells. Pledge of Allegiance. TROOPS HOME Adult stem cell research is currently Mr. PRICE of Georgia led the Pledge (Mr. KUCINICH asked and was given treating 58 diseases successfully. Em- of Allegiance as follows: permission to address the House for 1 bryonic stem cell research is treating I pledge allegiance to the Flag of the minute and to revise and extend his re- none: 58, adult stem cell; zero, embry- United States of America, and to the Repub- marks.) onic stem cell. If there were no ethical lic for which it stands, one nation under God, Mr. KUCINICH. Mr. Speaker, con- alternative, which there is, if we ap- indivisible, with liberty and justice for all. gressional Democrats are so sure that plied ‘‘they are going to die anyway’’ b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. VerDate Sep 11 2014 12:12 Jan 31, 2017 Jkt 000000 PO 00000 Frm 00001 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK7\NO_SSN\BR11MY05.DAT BR11MY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 9146 CONGRESSIONAL RECORD—HOUSE May 11, 2005 rationale to other areas of research, it Four vacancies continue to exist in minute and to revise and extend his re- would justify such things as harvesting the Sixth Circuit Court of Appeals marks.) organs from death-row inmates and where my district of Cincinnati is con- Mr. SHIMKUS. Mr. Speaker, I would from terminally ill patients. tained. One of those vacancies could like to say welcome back, Mr. Presi- We should support adult stem cell re- have been filled by Judge Richard Grif- dent, from your historic trip to Europe. search, not embryonic. fin whose nomination has been pending As a former military officer and a f for 145 days, 145 days. Judge Griffin has high school history teacher, I thank the support of his colleagues and indi- and appreciate the Soviet Union and UNITED AIRLINES DEFAULT RE- viduals such as former President Ger- the Russian people for their sacrifice in MINDS US OF NEED TO PRE- ald Ford. He has been rated by the helping to win World War II. SERVE SOCIAL SECURITY American Bar Association as ‘‘well Some would justifiably argue that (Mr. EMANUEL asked and was given qualified,’’ a rating that has histori- the Russians carried the lion’s burden permission to address the House for 1 cally secured a nominee’s confirma- in Europe, both in sacrifice and mate- minute and to revise and extend his re- tion, but not anymore. riel. However, as much as we thank the marks.) If the Senate wants to amend the Russian people for their sacrifice, we Mr. EMANUEL. Mr. Speaker, today Constitution, it should do so as pro- must also remember the five decades of we are given a stark reminder of what vided by our Founding Fathers, not by totalitarian regime that ruled over five is at stake in this debate about Social the threats of a minority to shut the of the Eastern European Block coun- Security.
Recommended publications
  • Highlights of 1997 Accomplishments
    Highlights of 1997 Accomplishments Making America Safe • Continued the Department’s firm policy for dealing with terror- ist acts, focusing on deterrence, quick and decisive investiga- tions and prosecutions, and international cooperation to vigor- ously pursue and prosecute terrorists, both domestic and for- eign. • Continued to prosecute the most violent criminal offenders under the Anti-Violent Crime Initiative, forging unprecedented working relationships with members of local communities, State and local prosecutors, and local law enforcement officials. • Focused enforcement operations on the seamless continuum of drug trafficking, using comprehensive investigative techniques to disrupt, dismantle, and destroy trafficking operations ema- nating from Mexico, Colombia, Asia, Africa, and other coun- tries. • Coordinated multijurisdictional and multiagency investigations to immobilize drug trafficking organizations by arresting their members, confiscating their drugs, and seizing their assets. • Continued to eliminate the many criminal enterprises of organized crime families, including the La Cosa Nostra fami- lies and their associates and nontraditional organized crime groups emanating from the former Soviet Bloc and Asia. • Chaired the High-Tech Subgroup of the P8 focusing on interna- tional trap-and-trace procedures and transborder searches, and represented the United States at the Council of Europe’s Com- mittee of Experts on Crime in Cyberspace, which is drafting an international convention on a wide range of high-tech issues. • Promulgated legislation enacted to effect BOP’s takeover of Lorton prison before 2001 and to transfer D.C. parole jurisdic- tion to the U.S. Parole Commission; further consideration and action are expected on a number of crime-related proposals during the second session of Congress.
    [Show full text]
  • Surprise, Intelligence Failure, and Mass Casualty Terrorism
    SURPRISE, INTELLIGENCE FAILURE, AND MASS CASUALTY TERRORISM by Thomas E. Copeland B.A. Political Science, Geneva College, 1991 M.P.I.A., University of Pittsburgh, 1992 Submitted to the Graduate Faculty of The Graduate School of Public and International Affairs in partial fulfillment of the requirements for the degree of Doctor of Philosophy University of Pittsburgh 2006 UNIVERSITY OF PITTSBURGH FACULTY OF ARTS AND SCIENCES This dissertation was presented by Thomas E. Copeland It was defended on April 12, 2006 and approved by Davis Bobrow, Ph.D. Donald Goldstein, Ph.D. Dennis Gormley Phil Williams, Ph.D. Dissertation Director ii © 2006 Thomas E. Copeland iii SURPRISE, INTELLIGENCE FAILURE, AND MASS CASUALTY TERRORISM Thomas E. Copeland, PhD University of Pittsburgh, 2006 This study aims to evaluate whether surprise and intelligence failure leading to mass casualty terrorism are inevitable. It explores the extent to which four factors – failures of public policy leadership, analytical challenges, organizational obstacles, and the inherent problems of warning information – contribute to intelligence failure. This study applies existing theories of surprise and intelligence failure to case studies of five mass casualty terrorism incidents: World Trade Center 1993; Oklahoma City 1995; Khobar Towers 1996; East African Embassies 1998; and September 11, 2001. A structured, focused comparison of the cases is made using a set of thirteen probing questions based on the factors above. The study concludes that while all four factors were influential, failures of public policy leadership contributed directly to surprise. Psychological bias and poor threat assessments prohibited policy makers from anticipating or preventing attacks. Policy makers mistakenly continued to use a law enforcement approach to handling terrorism, and failed to provide adequate funding, guidance, and oversight of the intelligence community.
    [Show full text]
  • The Open Door How Militant Islamic Terrorists Entered and Remained in the United States, 1993-2001 by Steven A
    Center for Immigration Studies The Open Door How Militant Islamic Terrorists Entered and Remained in the United States, 1993-2001 By Steven A. Camarota Center for Immigration Studies Center for 1 Center Paper 21 Center for Immigration Studies About the Author Steven A. Camarota is Director of Research at the Center for Immigration Studies in Wash- ington, D.C. He holds a master’s degree in political science from the University of Pennsyl- vania and a Ph.D. in public policy analysis from the University of Virginia. Dr. Camarota has testified before Congress and has published widely on the political and economic ef- fects of immigration on the United States. His articles on the impact of immigration have appeared in both academic publications and the popular press including Social Science Quarterly, The Washington Post, The Chicago Tribune, Campaigns and Elections, and National Review. His most recent works published by the Center for Immigration Studies are: The New Ellis Islands: Examining Non-Traditional Areas of Immigrant Settlement in the 1990s, Immigration from Mexico: Assessing the Impact on the United States, The Slowing Progress of Immigrants: An Examination of Income, Home Ownership, and Citizenship, 1970-2000, Without Coverage: Immigration’s Impact on the Size and Growth of the Population Lacking Health Insurance, and Reconsidering Immigrant Entrepreneurship: An Examination of Self- Employment Among Natives and the Foreign-born. About the Center The Center for Immigration Studies, founded in 1985, is a non-profit, non-partisan re- search organization in Washington, D.C., that examines and critiques the impact of immi- gration on the United States.
    [Show full text]
  • 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.
    [Show full text]
  • National Security Case Studies Special
    National Security Case Studies Special Case-Management Challenges Robert Timothy Reagan Federal Judicial Center June 25, 2013 This Federal Judicial Center publication was undertaken in furtherance of the Center’s statutory mission to develop and conduct research and education programs for the judicial branch. While the Center regards the content as responsible and valuable, it does not reflect policy or recommendations of the Board of the Federal Judicial Center. Contents Table of Challenges .......................................................................................................... xi Table of Judges ............................................................................................................... xiii INTRODUCTION ............................................................................................................ 2 TERRORISM PROSECUTIONS ..................................................................................... 3 First World Trade Center Bombing United States v. Salameh (Kevin Thomas Duffy) and United States v. Abdel Rahman (Michael B. Mukasey) (S.D.N.Y.) ....................................................................... 5 Challenge: Interpreters ............................................................................................. 24 Challenge: Court Security ......................................................................................... 24 Challenge: Pro Se Defendants ................................................................................. 24 Challenge: Jury
    [Show full text]
  • Fiscal Year 1997 UNITED STATES ATTORNEYS ANNUAL STATISTICAL REPORT
    eoUnited States Aftorneys United States Attorneys Annual StatisticalReport Fiscal Year 1997 UNITED STATES ATTORNEYS ANNUAL STATISTICAL REPORT FISCAL YEAR 1997 TED PR0 j$T1 The United States Attorney is the representative not of an ordinary party to controversy but whose of sovereignty obligation to govern impartially is as compelling as its obligation to govern at all- and whose interest therefore in criminal prosecution is not that it shall win case but that justice shall be done As he is in such peculiar and very definite sense the servant of the law the twofold aim of which is that shall guilt not escape or innocence suffer He with may prosecute earnestness and vigor -- indeed he should do so But while he may strike hard blows he is not at liberty to strike foul ones Iris as much his duty to refrain from improper methods calculated to produce wrongful conviction as it is to use every legitimate means to bring about just one Quoted from the Statement of Mr Justice Sutherland in Berer United States 295 U.S 88 1935 U.S Department of Justice Executive Office for United States Attorneys Office of the Director Washington DC 20530 MESSAGE FROM THE DIRECTOR am pleased to provide this annual report which summarizes the work and accomplishments of the United States Attorneys offices during Fiscal Year 1997 The United States Attorneys under the direction of the Attorney General are responsible for investigating and prosecuting thOse who violate our nations laws and for asserting and defending the interests of the United States its departments
    [Show full text]
  • The World Trade Center Bombers ( 1993) John V
    Chapter 11 The World Trade Center Bombers ( 1993) John V. Parachini The February 1993 bombing of the World Trade Center in New York City marked the beginning of an ugly new phase of terrorism involving the indiscriminate killing of civilians. ’ Like the sarin gas attack on the Tokyo subway in March 1995 and the bombing of the Alfred E. Murrah Federal Building in Oklahoma City in April 4995, the World Trade Center bomb- ing was motivated by the desire to kill as many people as possible. The target of the bomb plot was the World Trade Center (WTC) complex, a sixteen-acre site in lower Manhattan. Although mostly known for the Twin Towers, which are 110 stories tall and 1,550 feet high, the complex consists of seven buildings, including the Vista Hotel. Although the explosion killed six people and injured more than 1,000, the conse- quences could have been far worse: on any given day approximately 20,000 people work in the various businesses of the WTC complex and another 80,000 people either visit the complex or travel through it.2 On May 24,1994, during the sentencing of four of the convicted WTC bombers, Judge Kevin T. Duffy asserted that the perpetrators had incor- porated sodium cyanide into the bomb with the intent to generate deadly hydrogen cyanide gas that would kill everyone in one of the towers. The Judge stated: 1. Jim Dwyer, David Kocieniewski, Deidre Murphy, and Peg Tyre, Two Seconds Under the World: Terror Comes fo America-Ike Conspiracy Behind the World Trade Center Bombing (New York: Crown Publishers, 1994), p.
    [Show full text]
  • United States V. Ramzi Ahmed Yousef
    UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT August Term, 2001 (Argued: May 3, 2002 Decided: April 4, 2003 Errata Filed: April 14, 2003 Errata Filed: June 18, 2003) Docket Nos. 98-1041 L 98-1197 98-1355 99-1544 99-1554 UNITED STATES OF AMERICA, Appellee, v. RAMZI AHMED YOUSEF,EYAD ISMOIL, also known as EYAD ISMAIL, and ABDUL HAKIM MURAD, also known as SAEED AHMED, Defendants-Appellants, MOHAMMED A. SALAMEH,NIDAL AYYAD,MAHMUD ABOUHALIMA, also known as Mahmoud Abu Halima, BILAL ALKAISI, also known as Bilal Elqisi, AHMAD MOHAMMAD AJAJ, also know as Khurram Khan, ABDUL RAHMAN YASIN, also know as Aboud, and WALI KHAN AMIN SHAH, also known as Grabi Ibrahim Hahsen, Defendants. Before: WALKER, Chief Judge,WINTER,CABRANES, Circuit Judges. Appeal by Ramzi Yousef, Eyad Ismoil, and Abdul Hakim Murad from judgments of conviction entered in the United States District Court for the Southern District of New York (Kevin Thomas Duffy, Judge) on April 13, June 2, and June 15, 1998, respectively. Judge Duffy presided over two separate jury trials. In the first trial, Yousef, Murad, and another defendant were tried on charges relating to a conspiracy to bomb twelve United States commercial airliners in Southeast Asia. In the second trial, Yousef and Ismoil were tried for their involvement in the February 1993 bombing of the World Trade Center in New York City. Yousef, Ismoil, and Murad now appeal from their convictions, raising numerous questions of domestic and international law. Yousef and Ismoil also appeal from the District Court’s denial of several of their post-judgment motions.
    [Show full text]
  • Who Is the “South Hill Rapist”?Be a Dud
    The Magazine for the Wrongly Convicted James Yee Army Chaplain and Father of a Young Daughter Falsely Branded as a Terrorist See page 12 Sami Omar Al-Hussayen Brandon Mayfield Graduate Student and Abderazak Besseghir Devoted Father Falsely Attorney and Devoted Widower and Father of a Branded as a Terrorist Family Man Falsely See page 10 Young Daughter Falsely Branded as a Terrorist Branded as a Terrorist See page 11 See page 10 Mohammad Salameh Immigrant from Jordan Was Kevin Coe Framed as the “South Hill Rapist”? Falsely Branded as a Terrorist See page 11 Robert Norris - Convicted of Rape by Phantom Scientific Tests? Ken Marsh Did Charles Troupe Take the Fall for the Police Protected Murderer? Released August 10, 2004 after 21 Years of Wrongful Cheri Lynn Dale - Convicted by Junk Forensics in San Diego? Imprisonment for a Murder that Didn’t Happen! See page 4 Robert Shafer - Victim of Mother’s Scheme to Win Child Custody? Autumn Cruz/Union-Tribune Spanish Police Save Brandon Mayfield From FBI Terrorist Frame-Up! Romeo Phillion Released - Prosecutors Concealed His Innocence! Issue 25 Summer 2004 JUSTICE DENIED:THEMAGAZINE FOR THEWRONGLYCONVICTED - PAGE 1 - ISSUE 25 - SUMMER 2004 Justice:Denied - Issue 25, Summer 2004 Table of Contents Imprisoned on the Basis of Scientific Tests Which Were Never Performed - The Robert Lee Norris Story 3 Toddler’s Accidental Death Ends With Babysitter’s Murder Conviction - The Ken Marsh Story 4 Framed to Take the Fall for the Police Protected Murderer? - The Charles Troupe Story 4 “I feel like a million bucks!” - Romeo Phillion Released After 31 Years of Wrongful Imprisonment 5 Tulia Travesty Updates_________________________________________________________________________________6 Junk Forensics in San Diego - The Cheri Lynn Dale Story 6 Who is the “South Hill Rapist?” - The Kevin Coe Story 7 Five Wrongly Convicted Men Awarded Over $6 Million 8 A Rageful Mother Cruelly Wins Child Custody Dispute With Her Estranged Husband - The Robert E.
    [Show full text]
  • University of Oklahoma Graduate College A
    UNIVERSITY OF OKLAHOMA GRADUATE COLLEGE A DESCRIPTIVE CASE STUDY OF THE IMPACT OF 9/11 ON INTERNATIONAL STUDENT VISA POLICY IN THE 20 MONTHS FOLLOWING THE ATTACKS A Dissertation SUBMITTED TO THE GRADUATE FACULTY in partial fulfillment of the requirements for the degree of Doctor of Philosophy By MARY HELEN REEVES Norman, Oklahoma 2005 UMI Number: 3187222 Copyright 2005 by Reeves, Mary Helen All rights reserved. UMI Microform 3187222 Copyright 2005 by ProQuest Information and Learning Company. All rights reserved. This microform edition is protected against unauthorized copying under Title 17, United States Code. ProQuest Information and Learning Company 300 North Zeeb Road P.O. Box 1346 Ann Arbor, MI 48106-1346 © Copyright by MARY HELEN REEVES 2005 All Rights Reserved. Acknowledgements I could not have completed this study, not to mention the program it culminates, without the support of many people. For his guidance through my program and belief in my ability to accomplish this dissertation, I first thank Dr. Tom Owens, my doctoral advisor and commit tee co- chair , and friend. His insights into the process and encouragement throughout eased many difficulties. I also thank Dean Joan Smith, my other committee co -chair, who assisted me in understanding the nature of qualitative, descriptive study, and who provided valuable suggestions at critical junctures. I would also like to thank the other members of my doctoral committee for their insights, support and time in working with me and reviewing my study: Dr. Gregg Garn, Dr. Rosa Cintrón, and Dr. Robert Cox. As I conducted this study, I found that the interviews with international student administrators were especially compelling for me personally, and the insights into the international education policy domain during the difficult period following 9/11 these administrators provided emphasized the human aspects of policy actions and proved that the work of international educators is important and meaningful.
    [Show full text]
  • The Second Circuit As Arbiter of National Security Law
    Fordham Law Review Volume 85 Issue 1 Article 8 2016 Threats Against America: The Second Circuit as Arbiter of National Security Law David Raskin U.S. Attorney in the Western District of Missouri Follow this and additional works at: https://ir.lawnet.fordham.edu/flr Part of the National Security Law Commons Recommended Citation David Raskin, Threats Against America: The Second Circuit as Arbiter of National Security Law, 85 Fordham L. Rev. 183 (2016). Available at: https://ir.lawnet.fordham.edu/flr/vol85/iss1/8 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Law Review by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. THREATS AGAINST AMERICA: THE SECOND CIRCUIT AS ARBITER OF NATIONAL SECURITY LAW David Raskin* INTRODUCTION For nearly 100 years, the U.S. Court of Appeals for the Second Circuit has been a leading force in defining and resolving the uniquely thorny issues that arise at the intersection of individual liberty and national security. The court’s decisions in this arena are characterized by its willingness to tackle difficult questions and its skill in balancing the needs of the government with the rights of the accused to ensure fundamental fairness in the ages of espionage and terror. I. THE ESPIONAGE PROBLEM AND THE RISE OF THE COLD WAR STATE In 1917, soon after the United States entered World War I, Congress passed the Espionage Act.1 The new law strengthened existing prohibitions on actions harmful to the national defense and, most notably, authorized the death penalty for anyone convicted of sharing information with the intent to harm U.S.
    [Show full text]
  • 2302 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT of NEW YORK 2 ---X 3 UNITED STATES OF
    2302 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK 2 ------------------------------x 3 UNITED STATES OF AMERICA, 4 v. S12 93 Cr. 180 KTD 5 RAMZI AHMED YOUSEF, a/k/a "Azan Muhammad," 6 a/k/a "Khurram Khan," a/k/a "Rashed," 7 a/k/a "Kamal Ibraham," a/k/a "Abdul Basit," 8 a/k/a "Adam Ali Qasim," a/k/a "Naji Haddad," 9 a/k/a "Dr. Paul Vijay," a/k/a "Dr. Adel Sabah," 10 a/k/a "Amaldo Forlani," a/k/a "Muhammad Ali Baloch," 11 EYAD ISMOIL, a/k/a "Eyad Ismail," 12 a/k/a "Iyad Mahmoud Ismaeel Najim," ABDUL RAHMAN YASIN, 13 a/k/a "Aboud," ABDUL HAKIM MURAD, 14 a/k/a "Saeed Ahmed," and WALI KHAN AMIN SHAH, 15 a/k/a "Grabi Ibrahim Hahsen," 16 Defendants. 17 ------------------------------x 18 19 July 17, 1996 9:30 a.m. 20 21 Before: 22 HON. KEVIN THOMAS DUFFY, 23 District Judge, 24 and a jury 25 2303 1 2 3 APPEARANCES 4 5 MARY JO WHITE, United States Attorney for the 6 Southern District of New York DIETRICH SNELL, 7 MICHAEL GARCIA, Assistant United States Attorneys 8 9 ROY KULCSAR, Attorney for defendant Yousef 10 11 CLOVER BARRETT, BERNARD UDELL, 12 Attorneys for defendant Murad 13 DAVID GREENFIELD, 14 Attorney for defendant Shah 15 Also Present: Lillie Grant, Paralegal U.S. Attorney's Office 16 17 AZIZ ISMAIL HASSAM MOWAD 18 MIRA RIVERA 19 20 21 22 23 24 25 2304 1 (Trial resumed) 2 (Jury not present) 3 THE COURT: I have gone through the 3500 material 4 on Ferro.
    [Show full text]