1. 5. Law Enforcement

2. Pre-2001 Terrorists as Criminals 1996 Anti-Terrorism and Effective Death Penalty Act 1996 Anti-Terrorism and Effective Death Penalty Act – Summary by US Congress, Congressional Research Service Summary

3. Ramzi Yousef Convicted (1997/1998) for 1993 WTC attack, Life sentence: United States v. Mohammed Salameh et al U.S. Court of Appeals – 2nd Circuit Aug 4, 1998U.S. Court of Appeals – 2nd Circuit Sheikh Omar Abdel Rahman (leader of Islamic Group) Convicted (1995) for bombing of WTC 1993 plot on NY Landmarks, Life Sentence

4. Post-2001: What are Terrorists? Uncertainty Question: What are terrorists who are not affiliated with a nation-state? a.Criminals b.Soldiers c.Neither d.Both e.Don’t ask

5. Three Key Issues 1.Surveillance 2.Legal Status of Individuals 3.Treatment of Individuals

6. 1. Surveillance Foreign Intelligence Surveillance Act (FISA) 1978 Foreign Intelligence Surveillance Act (FISA) 1978 USA PATRIOT ACT 10/26/01 USA PATRIOT ACT – Pro and Con Pro and Con – ACLU on the ActAct Terrorist Surveillance Program (2001) Protect America Act 2007 (sunset 2008) Protect America Act FISA Amendments Act 2008

7. 2. Legal Status of Individuals Detainees (unlawful enemy combatants) – President George W. Bush Military Order, November 13, 2001, “Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism”“Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism” – Authorization to Use Military Force, September 18, 2001 Authorization to Use Military Force

8. The Legal Evolution: Legislation and Trials Detainee Treatment Act, 2005 Detainee Treatment Act Military Commissions Act, 2006 Military Commissions Act Military Commission Act 2009 (amendments to 2006 Act) Military Commission Act 2009 – Analysis by CRS Analysis – Manual for Military Commissions )2010 edition) Manual for Military Commissions Guantanamo Trials Guantanamo Docket

9. The Legal Evolution: Key Legal Cases Rasul v. Bush Hamdi v. Rumsfeld Padilla v. Rumsfeld Hamdan v. Rumsfeld Boumediene v. Bush

10. 3. Treatment of Individuals Memos from the Office of Legal Counsel, Bush and Obama Administrations concerning detainee treatment and interrogation policies Detainee Treatment Act, 2005 Memos Detainee Treatment Act Senate Judiciary Committee Hearings on Detainee Treatment, May 2009Hearings

11. Interrogation of al Qaeda Operative, Memorandum for John Rizzo, Acting General Counsel of the Central Intelligence Agency, from Jay Bybee, Assistant Attorney General, August 1, 2002, from http://www.fas.org/irp/agency/doj/olc/zubaydah.pdf Interrogation of al Qaeda Operative