National Security Law, 2004-2005 Case Supplement

by Dycus, Stephen; Berney, Arthur L.; Banks, William C.; Raven-Hansen, Peter

• ISBN13: 9780735551688
• ISBN10: 0735551685
• Edition: Supplement
• Format: Paperback
• Copyright: 2004-08-27
• Publisher: Wolters Kluwer

Summary

This well-timed 2004 Case Supplement complements and updates National Security Law, Third Edition, with the addition of major new cases from the 2003-2004 U.S. Supreme Court term. Significant cases and issues include: Hamdi v. Rumsfeld & Rumsfeld v. Padilla - the authority of the government to hold American citizens as enemy combatants (decision expected in June) Humanitarian Law Project v. Reno - First Amendment limits on regulation of contributions to terrorist organizations United States v. Alvarez-Machain - 1990 kidnapping by U.S. Agents in Mexico; this case reviews questions about the roles of Congress And The courts, and about the application of international law as it refers To The nationiquest;s security United States v. Moussaoui - aspects of the case of the iquest;twentieth 9/11 hijacker - were addressed in a Fourth Circuit decision handed down in April 2004 and will be addressed in the new supplement Homeland Security Act - new documents regarding the act's organization and describing its work will be included 9/11 Independent Commission - critically important questions about executive privilege, sharing information between and within the intelligence and law enforcement communities, and reorganization of the intelligence community

Author Biography

Stephen Dycus Professor of Law Vermont Law School Arthur L. Berney Professor of Law, Emeritus Boston College William C. Banks Laura J. and L. Douglas Meredith Professor Syracuse University Peter Raven-Hansen Glen Earl Weston Research Professor of Law George Washington University

Table of Contents

Preface	p. xi
Table of Cases	p. xiii
The President's National Security Powers	p. 1
Foreign Relations Powers	p. 1
Executive Privilege	p. 3
The Domestic Effect of International Law	p. 5
Treaties and Agreements	p. 5
The Domestic Legal Effect of Customary International Law and Jus Cogens	p. 6
General War	p. 7
War Against Iraq--2003	p. 7
Authorization for Use of Military Force Against Iraq Resolution of 2002	p. 7
Notes and Questions	p. 12
Intelligence Operations	p. 17
Problems in the Reform of Intelligence Operations	p. 17
Executive Branch Reforms	p. 17
The Privatization of Intelligence Operations	p. 18
Dirty Assets	p. 18
Organizing for Counterterrorism: An Overview	p. 21
Countering Terrism at Home and Abroad	p. 21
Defining the Terrorist Threat	p. 21
What Is Terrorism?	p. 21
People's Mojahedin Organization of Iran v. Department of State	p. 21
Notes and Questions	p. 25
Planning for Homeland Security	p. 26
Investigating Terrorism and Other National Security Threats	p. 27
The Fourth Amendment Framework	p. 27
Interrogation and Treatment of Detainees Held Abroad in the "War on Terrorism"	p. 27
Application of Treaties and Laws to Al Qaeda and Taliban Detainees	p. 31
Decision re Application of the Geneva Conventions to the Conflict with Al Qaeda and the Taliban	p. 39
Letter of Attorney General John Ashcroft to President George W. Bush	p. 43
Comments on Your Paper on the Geneva Convention	p. 45
Working Group Report on Detainee Interrogations	p. 46
Counter-Resistance Techniques in the War on Terrorism	p. 57
Notes and Questions	p. 60
Congressional Authority for Surveillance:
The Foreign Intelligence Surveillance Act	p. 75
In re: Sealed Case No. 02-001, 02-002	p. 80
Notes and Questions	p. 93
Executive Authority for National Security Investigations	p. 96
Executive Order No. 12,333	p. 97
Domestic Security Guidelines	p. 99
National Security Investigations Guidelines	p. 104
Notes and Questions	p. 112
Balancing Privacy and Security	p. 119
Notes and Questions	p. 121
Profiling Suspects for Investigations	p. 122
Preventive Detention	p. 123
Office of the Inspector General, Department of Justice, Press Release, The September 11 Detainees	p. 123
Wartime Detention and the Suspension of the Writ	p. 130
The Wartime Detention of Non-Combatants	p. 130
Alien Enemy Act	p. 130
Korematsu v. United States	p. 131
Notes and Questions	p. 131
The Suspension of the Writ of Habeas Corpus	p. 131
Ex parte Milligan	p. 132
Rasul v. Bush	p. 133
Notes and Questions	p. 144
The Military Detention of Enemy Combatants	p. 146
Military Trial of Combatants Before 9/11	p. 146
Ex parte Milligan	p. 146
Ex parte Quirin	p. 146
Notes and Questions	p. 146
Military Detention of Combatants After 9/11	p. 146
Hamdi v. Rumsfeld	p. 147
Order by President George W. Bush to the Secretary of Defense	p. 173
Padilla v. Rumsfeld	p. 174
Notes and Questions	p. 185
Consequence Management: When the Worst Happens	p. 191
Who's in Charge? Taking Command of the Situation	p. 191
Assigning Lead Agency Responsibility	p. 191
The Department of Homeland Security	p. 191
Notes and Questions	p. 197
Addressing Medical Emergencies	p. 199
Case Study: A Plague on Your City	p. 199
Statutory and Regulatory Authority	p. 199
Civil Liberties Implications	p. 201
The Role of the Armed Forces	p. 203
The Military in American Society	p. 203
Military Responsibility for "Homeland Security"	p. 205
Trying International Terrorists	p. 207
Criminalizing Sedition, Terrorism, and Support for Terrorism	p. 207
Notes and Questions	p. 207
United States v. Al-Arian	p. 210
Notes and Questions	p. 224
Bringing Them Back Alive: Extradition and Other Rendition	p. 231
Trying Terrorists and Other International Criminals	p. 232
Secret Information in Proceedings Against Terrorists	p. 232
United States v. Moussaoui	p. 233
Notes and Questions	p. 243
Trial by Military Commission	p. 245
Public Access to National Security Information	p. 249
Executive Order No. 12,958--Classified National Security Information	p. 249
The Freedom of Information Act	p. 250
The Statutory Text	p. 250
Statutory Exemptions and Judicial Review	p. 250
Other Open Government Laws	p. 252
Presidential Records Act	p. 252
Open Meetings Laws	p. 252
Common Law Right to Know	p. 253
Constitutional Right to Know	p. 254
Detroit Free Press v. Ashcroft	p. 256
North Jersey Media Group, Inc. v. Ashcroft	p. 272
Notes and Questions	p. 283
Protecting "State Secrets" in Civil Litigation	p. 286
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