Bell Ringer After watching the documentary, Spying on the Homefront… After watching the documentary, Spying on the Homefront… Are our rights to privacy being severely infringed upon by the USA Patriot Act? Are our rights to privacy being severely infringed upon by the USA Patriot Act? Is this infringement a good reason for our protection? Is this infringement a good reason for our protection? How important is the USA Patriot Act to keeping us safe? Or can you argue that it is making us unsafe? How important is the USA Patriot Act to keeping us safe? Or can you argue that it is making us unsafe?

Unlawful Combatants The other side of the USA Patriot Act Who can designate a person as an unlawful combatant? How would you characterize these people? People who have fought against the US but not in the context of an “actual” war. Included suspected terrorists in the US, Afghanistan, and those with ties to Al-Qaeda. Where were these people brought?

Guantanamo Bay, Cuba Brought to Guantanamo Bay, Cuba US Military Base Not given the same rights as offenders in the US What is the government’s reasoning? Did not guarantee their detainees’ rights under international treaties such as the Geneva Convention. Detainees are not soldiers but terrorists.

Conditions in Gitmo No lawyers present What does this situation create? Detainees are held in small cells. Like “cages for animals” Questioning and Interrogations Information about terrorist activities. How do they get information?

The Torture Question What is torture? What is torture? Allegations of torture Allegations of torture Chaining and gagging Chaining and gagging Exposure to extreme temperatures Exposure to extreme temperatures “Water Boarding” “Water Boarding” Light deprivation Light deprivation Disrespect of the Muslim religion Disrespect of the Muslim religion Is torture legal? Is torture legal? The US has signed the United Nations Convention against Torture. The US has signed the United Nations Convention against Torture.

Rights at Trial What happens when a person is charged with terrorism? What happens when a person is charged with terrorism? Could be tried in both a US court and a military tribunal. Could be tried in both a US court and a military tribunal. In a US trial, In a US trial, Right to jury, a lawyer, and to a public trial. Right to jury, a lawyer, and to a public trial. In a military tribunal In a military tribunal Meet in secret and can allow hearsay evidence. Meet in secret and can allow hearsay evidence. Three or more judges can authorize the death penalty with a two thirds vote. Three or more judges can authorize the death penalty with a two thirds vote. There is no procedure of appeal. There is no procedure of appeal.

US Courts vs. Military Tribunals Which one does the US government prefer to use on alleged terrorists? Which one does the US government prefer to use on alleged terrorists? Military Tribunals > US Courts Military Tribunals > US Courts Terrorists cannot use the trial as a political platform. Terrorists cannot use the trial as a political platform. Impossible to guarantee a fair trial in US courts. Impossible to guarantee a fair trial in US courts. Public trials will expose information that is known about terrorists. Public trials will expose information that is known about terrorists. Which one is more fair to alleged terrorists? Does it matter? Which one is more fair to alleged terrorists? Does it matter?

The Case against Faisal Shahzad Faisal Shahzad is a US citizen accused of trying to use a car full of explosives as a weapon of mass destruction. He left the car ready to detonate in Times Square, NYC. Fortunately, the car did not explode and he was quickly apprehended. His actions could have killed hundreds of people. He is now awaiting trial and is charged with acts of terrorism.

The Shahzad Case In groups of four or less (one paper/group): Should President Obama designate him as an unlawful combatant? Does he meet the qualifications? Should President Obama designate him as an unlawful combatant? Does he meet the qualifications? Should he be tried in US courts or in a military tribunal? Should he be tried in US courts or in a military tribunal? Which would the US government prefer? Which would the US government prefer? Which would Shahzad prefer? Which would Shahzad prefer? As always for each question, give your reasons.