1. Law and Terrorism
Chapter 17

2. The Law in times of war
After , President Bush declared a “war on terrorism”
He requested new powers to enable the executive branch to combat terrorism
Congress overwhelmingly passed the “USA Patriot Act”
Tracing money funding terrorism
Finding and detaining foreigners suspected terrorism
Expanded powers of CIA, FBI, to install phone, internet and computer wiretaps as well as access personal, educational, medical, and financial records

3. Past war civil liberties restrained
Civil War- Habeas Corpus petition rights suspended
WWI- The federal government restricted individuals rights to speak out against US involvement in the war
WWII- 100,000 people of Japanese heritage (most US citizens) detained in camps.

4. Surveillance and Searches
USA Patriot Act gives law enforcement officials the right to call on the Foreign Intelligence Surveillance Act Court
Created in 1978 to allow gathering of foreign intelligence but not for evidence to be used in domestic criminal trials
In 2003, the Supreme Court ruled that evidence obtained by the FISAC could be used in criminal trials

5. Detention and Interrogation
Under most laws, non citizens can only be detained for 24 hours without being formally charged.
The USA Patriot Act allows non citizens suspected of terrorism to be detained without being charged for as long as it takes to prove that they are, or are not involved in terror

6. Unlawful Combatants
Many terrorists detained have been labeled unlawful combatants:
People who have fought against the USA but who are not part of an internationally recognized government
Brought to US military base in Guantanamo Bay, Cuba.
Opponents argued that unlawful combatants need to be afforded the same rights that others are allowed on US soil.

7. Rights at Trial
A person charged with terrorism could possibly be tried in a federal court
Federal Government has proposed trying unlawful combatants in Military Tribunals
Can meet in secret
Can allow hearsay evidence
No jury trial
Can convict on a majority vote of 3 or more judges
No appeal process