Bell RingerBell Ringer

After watching the documentary, After watching the documentary, Spying on the HomefrontSpying on the Homefront…… Are our rights to privacy being severely Are our rights to privacy being severely

infringed upon by the USA Patriot Act?infringed upon by the USA Patriot Act? Is this infringement a good reason for Is this infringement a good reason for

our protection?our protection? How important is the USA Patriot Act to How important is the USA Patriot Act to

keeping us safe? Or can you argue that keeping us safe? Or can you argue that it is making us unsafe?it is making us unsafe?

Unlawful CombatantsUnlawful Combatants The other side of the USA The other side of the USA

Patriot ActPatriot Act Who can designate a Who can designate a

person as an unlawful person as an unlawful combatant?combatant?

How would you How would you characterize these people?characterize these people? People who have fought People who have fought

against the US but not against the US but not in the context of an in the context of an “actual” war.“actual” war.

Included suspected Included suspected terrorists in the US, terrorists in the US, Afghanistan, and those Afghanistan, and those with ties to Al-Qaeda.with ties to Al-Qaeda.

Where were these Where were these people brought?people brought?

Guantanamo Bay, CubaGuantanamo Bay, Cuba

Brought to Guantanamo Bay, CubaBrought to Guantanamo Bay, Cuba US Military BaseUS Military Base

Not given the same rights as offenders in the USNot given the same rights as offenders in the US What is the government’s reasoning?What is the government’s reasoning?

Did not guarantee their detainees’ rights under Did not guarantee their detainees’ rights under international treaties such as the Geneva international treaties such as the Geneva Convention.Convention. Detainees are not soldiers but terrorists.Detainees are not soldiers but terrorists.

Conditions in GitmoConditions in Gitmo No lawyers presentNo lawyers present

What does this What does this situation create?situation create?

Detainees are held Detainees are held in small cells.in small cells. Like “cages for Like “cages for

animals”animals” Questioning and Questioning and

InterrogationsInterrogations Information about Information about

terrorist activities.terrorist activities. How do they get How do they get

information?information?

The Torture QuestionThe Torture Question What is torture?What is torture? Allegations of tortureAllegations of torture

Chaining and Chaining and gagginggagging

Exposure to extreme Exposure to extreme temperaturestemperatures

““Water Boarding”Water Boarding” Light deprivationLight deprivation Disrespect of the Disrespect of the

Muslim religionMuslim religion Is torture legal?Is torture legal?

The US has signed The US has signed the United Nations the United Nations Convention against Convention against Torture. Torture.

Rights at TrialRights at Trial What happens when a person is charged What happens when a person is charged

with terrorism?with terrorism? Could be tried in both a US court and a military Could be tried in both a US court and a military

tribunal.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 Meet in secret and can allow hearsay evidence.evidence.

Three or more judges can authorize the Three or more judges can authorize the death penalty with a two thirds vote.death penalty with a two thirds vote.

There is no procedure of appeal.There is no procedure of appeal.

US Courts vs. Military TribunalsUS Courts vs. Military Tribunals

Which one does the US government Which one does the US government prefer to use on alleged terrorists?prefer to use on alleged terrorists? Military Tribunals > US CourtsMilitary Tribunals > US Courts

Terrorists cannot use the trial as a political Terrorists cannot use the trial as a political platform.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 Public trials will expose information that is

known about terrorists.known about terrorists. Which one is more fair to alleged Which one is more fair to alleged

terrorists? Does it matter? terrorists? Does it matter?

The Case against Faisal ShahzadThe Case against Faisal Shahzad

Faisal Shahzad is a US citizenFaisal Shahzad is a US citizen

accused of trying to use a caraccused of trying to use a car

full of explosives as a weapon full of explosives as a weapon ofof

mass destruction. He left the mass destruction. He left the carcar

ready to detonate in Times ready to detonate in Times

Square, NYC. Fortunately, theSquare, NYC. Fortunately, the

car did not explode and he wascar did not explode and he was

quickly apprehended. Hisquickly apprehended. His

actions could have killedactions could have killed

hundreds of people. He is nowhundreds of people. He is now

awaiting trial and is chargedawaiting trial and is charged

with acts of terrorism.with acts of terrorism.

The Shahzad CaseThe Shahzad Case

In groups of four or less (one paper/group):In groups of four or less (one paper/group): Should President Obama designate him as Should President Obama designate him as

an unlawful combatant? Does he meet the an unlawful combatant? Does he meet the qualifications? qualifications?

Should he be tried in US courts or in a Should he be tried in US courts or in a military tribunal?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 As always for each question, give your reasons. reasons.