Protecting Liberty in an Age of Terror

by Heymann, Philip B.; Kayyem, Juliette N.

• ISBN13: 9780262083430
• ISBN10: 0262083434
• Format: Hardcover
• Copyright: 2005-09-01
• Publisher: Mit Pr

Summary

Since September 11, 2001, much has been said about the difficult balancing act between freedom and security, but few have made specific proposals for how to strike that balance. As the scandals over the abuse of Iraqi prisoners at Abu Ghraib and the "torture memos" written by legal officials in the Bush administration show, without clear rules in place, things can very easily go very wrong. With this challenge in mind, Philip Heymann and Juliette Kayyem, directors of Harvard's Long-Term Legal Strategy Project for Preserving Security and Democratic Freedoms in the War on Terrorism, take a detailed look at how to handle these competing concerns. Taking into account both the national security viewpoint and the democratic freedoms viewpoint, Heymann and Kayyem consulted experts from across the political spectrum-including Rand Beers, Robert McNamara, and Michael Chertoff (since named Secretary of Homeland Security)-about the thorniest and most profound legal challenges of this new era. Heymann and Kayyem offer specific recommendations for dealing with such questions as whether assassination is ever acceptable, when coercion can be used in interrogation, and when detention is allowable. They emphasize that drawing clear rules to guide government conduct protects the innocent from unreasonable government intrusion and prevents government agents from being made scapegoats later if things go wrong. Their recommendations will be of great interest to legal scholars, legislators, policy professionals, and concerned citizens.

Author Biography

Philip B. Heymann is James Barr Ames Professor of Law at the Harvard Law School Juliette N. Kayyem is Adjunct Lecturer at the Belfer Center for Science and International Affairs at Harvard University's Kennedy School of Government

Table of Contents

Acknowledgments	vii
Introduction	1	(10)
Summary of Recommendations	11	(20)
Coercive Interrogations	31	(10)
Indefinite Detention	41	(12)
Military Commissions	53	(6)
Targeted Killing	59	(10)
Communications of U.S. Persons or Others within the United States Intercepted During the Targeting of Foreign Persons Abroad	69	(6)
Information Collection	75	(10)
Identification of Individuals and Collection of Information for Federal Files	85	(8)
Surveillance of Religious and Political Meetings	93	(8)
Distinctions Based on Group Membership	101	(8)
Oversight of Extraordinary Measures	109	(10)
Appendix A Counterterrorism Policies in the United Kingdom	119	(30)
Tom Parker
Appendix B Torture and Coercive Interrogations	149	(30)
Thomas Lue
Appendix C Board of Advisors The Long-Term Legal Strategy Project for Preserving Security and Democratic Freedoms in the War on Terrorism	179	(4)
Index	183	(15)
About the Belfer Center for Science and International Affairs	198