APPENDICES Addresses and Remarks by President Obama and Administration Offi cials on National Security Law Appendix: Obama–A President Barack Obama, “Remarks by the President on National Security,” the National Archives, Washington, D.C., May 21, 2009. [See pages a5–a22.] Appendix: Obama–B President Barack Obama, “A Just and Lasting Peace,” the 2009 Nobel Peace Prize Lecture, Oslo, Norway, December 10, 2009. [See pages a23–a26.] Appendix: Obama–C President Barack Obama, “Remarks by the President at the National Defense University (on US counterterrorism strategy),” Fort McNair, Washington, DC, May 23, 2013. Plus Addenda 1: “Fact Sheet: US Policy Standards and Procedures for the Use of Force in Counterterrorism Operations Outside the United States and Areas of Active Hostilities,” White House Offi ce of the Press Secretary, May 23, 2013; and Addenda 2: Letter from Eric H. Holder, Jr., Attorney General, to Sen. Patrick J. Leahy, Chairman, Senate Judiciary Committee, May 22, 2013 (Re.: Drone Warfare and US Citizens). [See pages a27–a61.] Appendix: Obama–D President Barack Obama, “Remarks by the President on Review of Signals Intelligence,” Department of Justice, Washington, D.C., January 17, 2014. [See pages a62–a77.] Appendix: Koh–A Harold H. Koh, legal adviser to the Department of State, address to the American Society of International Law, “The Obama Administration and International Law,” March 25, 2010. [See pages a78–a91.] 118383-WittesAnderson_Speaking.indd8383-WittesAnderson_Speaking.indd a1a1 99/10/14/10/14 11:55:55 PMPM a2 Appendices Appendix: Koh–B Harold H. Koh, legal adviser to the Department of State, address to the USCYBERCOM Inter-Agency Legal Conference, “International Law in Cyberspace,” Fort Meade, Maryland, September 18, 2012. [See pages a92–a105.] Appendix: Kris–A David Kris, assistant attorney general for national security, “Law Enforcement as a CounterterrorismTool,” address at the Brookings Institution, June 11, 2010. [See pages a106–a119.] Appendix: Johnson–A Jeh C. Johnson, general counsel, Department of Defense, “Jeh C. Johnson Speech to the Heritage Foundation,” Washington, D.C., October 18, 2011. [See pages a120–a129.] Appendix: Johnson–B Jeh C. Johnson, general counsel, Department of Defense, “National Security Law, Lawyers, and Lawyering in the Obama Administration,” address at Yale Law School, February 22, 2012. [See pages a130–a138.] Appendix: Johnson–C Jeh C. Johnson, general counsel, Department of Defense, “The Confl ict against Al Qaeda and Its Affi liates: How Will It End?” Oxford Union, Oxford University, November 30, 2012. [See pages a139–a145.] Appendix: Holder–A Eric Holder, Attorney General, Department of Justice, Address at Northwestern University School of Law, March 5, 2012. [See pages a146–a160.] Appendix: Preston–A Stephen W. Preston, general counsel, Central Intelligence Agency, “CIA and the Rule of Law,” address at Harvard Law School, April 10, 2012. [See pages a161–a171.] Appendix: Brennan–A John O. Brennan, assistant to the president for homeland security and counterterrorism, “Strengthening Our Security by Adhering to Our Values and Laws,” address at Harvard Law School, September 16, 2011. [See pages a172–a187.] 118383-WittesAnderson_Speaking.indd8383-WittesAnderson_Speaking.indd a2a2 99/10/14/10/14 11:55:55 PMPM Appendices a3 Appendix: Brennan–B John O. Brennan, assistant to the president for homeland security and counterterrorism, “The Ethics and Effi cacy of the President’s Counterterrorism Strategy,” Woodrow Wilson Inter- national Center for Scholars, Washington, D.C., April 30, 2012. [See pages a188–a206.] Appendix: Brennan–C John O. Brennan, assistant to the president for homeland security and counterterrorism, “US Policy toward Yemen,” Council on Foreign Relations, New York City, August 8, 2012. [See pages a207–a215.] Appendix: Litt–A Robert S. Litt, general counsel with the Offi ce of the Director of National Intelligence, “Privacy, Technology, and National Security: An Overview of Intelligence Collection,” address at the Brookings Institution, Washington, D.C., July 19, 2013. [See pages a216–a239.] 118383-WittesAnderson_Speaking.indd8383-WittesAnderson_Speaking.indd a3a3 99/10/14/10/14 11:55:55 PMPM 118383-WittesAnderson_Speaking.indd8383-WittesAnderson_Speaking.indd a4a4 99/10/14/10/14 11:55:55 PMPM Appendix: Obama–A President Barack Obama, “Remarks by the President on National Security,” the National Archives, Washington, D.C., May 21, 2009 . These are extraordinary times for our country. We’re confronting a historic economic crisis. We’re fi ghting two wars. We face a range of challenges that will defi ne the way that Americans will live in the twenty-fi rst century. So there’s no shortage of work to be done or responsibilities to bear. In the midst of all these challenges, however, my single most im portant responsibility as president is to keep the American people safe. It’s the fi rst thing that I think about when I wake up in the morn- ing. It’s the last thing that I think about when I go to sleep at night. And this responsibility is only magnifi ed in an era when an extrem- ist ideology threatens our people and technology gives a handful of terrorists the potential to do us great harm. We are less than eight years removed from the deadliest attack on American soil in our history. We know that Al Qaeda is actively planning to attack us again. We know that this threat will be with us for a long time and that we must use all elements of our power to defeat it. Already, we’ve taken several steps to achieve that goal. For the fi rst time since 2002, we’re providing the necessary resources and strategic direction to take the fi ght to the extremists who attacked us 118383-WittesAnderson_Speaking.indd8383-WittesAnderson_Speaking.indd a5a5 99/10/14/10/14 11:55:55 PMPM a6 Appendix: Obama—A on 9/11 in Afghanistan and Pakistan. We’re investing in the twenty- fi rst-century military and intelligence capabilities that will allow us to stay one step ahead of a nimble enemy. We have re-energized a global non-proliferation regime to deny the world’s most dangerous people access to the world’s deadliest weapons. And we’ve launched an effort to secure all loose nuclear materials within four years. We’re better protecting our border and increasing our preparedness for any future attack or natural disaster. We’re building new partnerships around the world to disrupt, dismantle, and defeat Al Qaeda and its affi liates. And we have renewed American diplomacy so that we once again have the strength and standing to truly lead the world. These steps are all critical to keeping America secure. But I believe with every fi ber of my being that in the long run we also cannot keep this country safe unless we enlist the power of our most funda- mental values. The documents that we hold in this very hall—the Declaration of Independence, the Constitution, the Bill of Rights— these are not simply words written into aging parchment. They are the foundation of liberty and justice in this country, and a light that shines for all who seek freedom, fairness, equality, and dignity around the world. I stand here today as someone whose own life was made possible by these documents. My father came to these shores in search of the promise that they offered. My mother made me rise before dawn to learn their truths when I lived as a child in a foreign land. My own American journey was paved by generations of citizens who gave meaning to those simple words—“to form a more perfect union.” I’ve studied the Constitution as a student, I’ve taught it as a teacher, I’ve been bound by it as a lawyer and a legislator. I took an oath to pre- serve, protect, and defend the Constitution as commander-in-chief; and, as a citizen, I know that we must never, ever, turn our back on its enduring principles for expediency’s sake. I make this claim not simply as a matter of idealism. We uphold our most cherished values not only because doing so is right, but 118383-WittesAnderson_Speaking.indd8383-WittesAnderson_Speaking.indd a6a6 99/10/14/10/14 11:55:55 PMPM Appendix: Obama—A a7 because it strengthens our country and it keeps us safe. Time and again, our values have been our best national security asset—in war and peace, in times of ease, and in eras of upheaval. Fidelity to our values is the reason why the United States of America grew from a small string of colonies under the writ of an empire to the strongest nation in the world. It’s the reason why enemy soldiers have surrendered to us in battle, knowing they’d receive better treatment from America’s armed forces than from their own government. It’s the reason why America has benefi ted from strong alliances that amplifi ed our power and have drawn a sharp, moral contrast with our adversaries. It’s the reason why we’ve been able to overpower the iron fi st of fascism and outlast the iron curtain of communism, and enlist free nations and free peoples everywhere in the common cause and com- mon effort of liberty. From Europe to the Pacifi c, we’ve been the nation that has shut down torture chambers and replaced tyranny with the rule of law. That is who we are. And where terrorists offer only the injustice of disorder and destruction, America must demonstrate that our values and our institutions are more resilient than a hateful ideology. After 9/11, we knew that we had entered a new era—that ene- mies who did not abide by any law of war would present new chal- lenges to our application of the law, that our government would need new tools to protect the American people, and that these tools would have to allow us to prevent attacks instead of simply prosecuting those who try to carry them out.
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