Law and Terrorism

“The laws will thus not be silent in time of war, but they will

speak with a somewhat different voice.” Chief Justice Rehnquist

The Law in Times of War• Attacks on September 11, 2001 was the largest

on U.S. soil since WWII.• Result: Congress passed many new federal

laws and made changes to existing laws.• USA Patriot Act in 2001: “war on terrorism.”

Was intended to fight terrorism by:• Tracing money that fund terrorist acts,• Finding and detaining terrorists who enter the

country as immigrants, • Intercepting communications among terrorist

groups.

• Department of Justice, FBI and CIA worked together to share information by:• Tracking communication on the Internet

• Install telephone and computer communications on the Internet

• Install telephone and computer wiretaps

• Obtain search warrants for voice mail and e-mails

• Access personal, educational, medical, and financial information.

In 2002, created the Department of Homeland Security

Questions:• Do these measures infringe on the rights of

citizens?

• How much freedom and privacy are we willing to give up so that we may be more secure?

• Assume you were the president after the September 11, 2001 attacks. What special powers would you want?

• Assume you were the leader of a civil liberties organization. What civil rights would you fight hardest to protect?

Surveillance and Searches

• Since 9/11, the government has more power to watch ordinary people.

• Passengers in airports have shoes, clothes and person searched

• Special court: Foreign Intelligence Surveillance Act Court: able to authorize wiretaps and gather information even if the government has not proven “probable cause”

• The government can inform a person afterwards that a search has taken place.

Questions• On a scale from 1 to 5, with 1 meaning you

strongly agree and 5 meaning you strongly disagree:• Look at everyone’s email at work.• Look at everyone’s email at home.• Install surveillance cameras on all public streets.• Plant small cameras in the homes of suspected

terrorists.• Monitor everyone’s video rental records.• Check the travel records of people coming into the

country.

Detention and Interrogation

• Noncitizens can be detained for only 24 hours without being formally charged with a crime HOWEVER the Patriot Act allows noncitizens suspected of terrorist activity to be detained without being formally charged with an offense for as long as it takes to either prove that the detainees are not involved in terrorism or to gather enough evidence to press charges

Guantanamo Bay, Cuba

Many of the detainees are Arab and Muslim

Rights at Trial

• A person charged with terrorism could be tried in a U.S. Court with full rights such as• Lawyer

• Jury

• Public Trial

U.S. Government in 2002 proposed trying suspects in a military tribunal-which meets in secret and no appeals.

Scenario• Achmed, 26, is a college student from a country in the Middle

East. He is in the U.S. on a student visa. He goes to his state’s motor vehicle office to renew his license. Since 9/11, federal officials have been stationed around the building to help gather information on possible terrorists. He is pulled out of line and asked why he came to the U.S. His answers sound suspicious and they decide to detain him to further investigate his background. He is not allowed to talk to anyone outside the detention center, including family or a lawyer. He is held for 4 months and is released without having been charged with a crime.

• If you were a government official charged with locating possible terrorists, what reasons would you give for detaining Achmed?

• Should the government be allowed to detain people for these reasons?

• Were Achmed’s rights violated? If so, how?

Scenario • In 2002, the U.S. military in Afghanistan captured

Jackson, a U.S. citizen, as he was fighting there against the U.S. He was brought to Guantanamo Bay, Cuba. His request for a lawyer was denied. After 3 months in detention, he was told he will have to stand trial for terrorism.

• Should he be tried in a U.S. court or in a military tribunal?

• Which would the U.S. government prefer?

• Which would Jackson prefer? Give your reasons.

Group Activity

• Your group will pretend to be a subcommittee in the Legislative Branch and you will draft a bill that you believe the President should sign in order to successfully end terrorism.

• Your group will present the bill to the entire class and the group that gathers the most votes will win a 100 as a QUIZ grade.

• Everyone will receive a group grade for the final product. You will fill out a Peer Evaluation Questionnaire at the end to score your participation along with the other members of your group.

Sample Bill

• http://www.garrettsbridges.com/links/special10.html

Group Activity Directions

• You must write and edit a bill which clearly outlines what NEW plan the President should put into effect to end future attacks.

• You must clearly explain:• What security measures are to be taken (new plan)• Who will be impacted by the new plan• Where this will be implemented• When should this new plan begin• How and Why will you convince the American public

to support this bill

Roles and Responsibilities of Group Members

• Each member of the group must have a responsibility. Make sure you record your responsibility on your peer evaluation questionnaire at the end of the assignment.

• FACILITATOR: The Facilitator leads the discussion, making sure that everyone is fully participating. The word Facilitator comes from the word

facilitate which means make easy. • SCRIBE: The Scribe writes for the group. • REPORTER: The Reporter reports the small group's work to the whole group.

• TIMEKEEPER: The Timekeeper keeps track of the time and makes sure that the group finishes their task on time.