The War on Terrorism and the Rule of Law

by Pious, Richard M.

• ISBN13: 9780195330731
• ISBN10: 0195330730
• Format: Paperback
• Copyright: 2006-03-06
• Publisher: Oxford University Press

Summary

This book provides a detailed discussion of due process issues invoked by the George W. Bush administration's war on terrorism. Richard M. Pious questions the premise that the government's obligation to protect Americans from terrorist acts leads to an inevitable tradeoff between constitutional and legal guarantees of due process. Instead, Pious argues that bringing terrorists to justice through the due process of law provides more rather than less security.

Table of Contents

Acknowledgments	p. vi
Preface	p. viii
Notes on Editing	p. x
How to Read and Take Notes on Cases	p. xii
Homeland Security: Must We Trade Civil Liberties for National Security?	p. 1
Strategy for Eliminating the Threat From the Jihadist Networks of Al-Qida: Status and Prospects	p. 5
Public Law 107-40 107th Congress (Excerpts)	p. 9
FBI Memorandum on the Koubriti Case	p. 18
Leahy's Opening Comments, June 8, 2004	p. 19
President Discusses War on Terror at FBI Academy	p. 22
Questions and Comments	p. 26
Endnotes	p. 28
Surveillance Techniques: May the President Override Patriot Act and Foreign Intelligence Surveillance Act Provisions?	p. 31
In Re All Matters Submitted to the Foreign Intelligence Surveillance Court	p. 36
In Re Sealed Case N. 02-001 (United States Foreign Intelligence Surveillance Court of Review)	p. 42
Letter From Senator Rockefeller to the White House	p. 52
President Bush's News Conference, December 19, 2005	p. 53
Questions and Comments	p. 55
Endnotes	p. 61
Data Mining: Does the Patriot Act Infringe on Privacy Rights?	p. 62
Doe v. Ashcroft	p. 64
Questions and Comments	p. 72
Endnotes	p. 77
Material Support: Does the Patriot Act Impede Freedom of Association?	p. 78
Humanitarian Law Project v. Ashcroft	p. 81
Questions and Comments	p. 87
Endnotes	p. 90
Material Witnesses: Can the Government Hold Them in Indefinite Detention?	p. 91
United States v. Awadallah	p. 95
In Re Grand Jury Material Witness Detention	p. 102
Questions and Comments	p. 104
Endnotes	p. 107
Hold and Clear: May the Government Hold Aliens in Indefinite Detention?	p. 108
North Jersey Media Group, Inc. v. Ashcroft	p. 112
Questions and Comments	p. 119
Endnotes	p. 123
Indefinite Detention of American Citizens: Is It Constitutional?	p. 125
Part One	p. 125
President Bush's Military Order	p. 128
Padilla v. Hanft	p. 130
Padilla v. Hanft	p. 138
Padilla v. Hanft	p. 142
Questions and Comments (Part One)	p. 144
Part Two	p. 148
Declaration of Michael H. Mobbs, Special Advisor to the Under Secretary of Defense for Policy	p. 149
Hamdi v. Rumsfeld	p. 153
Questions and Comments (Part Two)	p. 160
Endnotes	p. 164
Indefinite Detention of Enemy Combatants: Is It Constitutional?	p. 165
President Bush's Military Orders: Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism	p. 167
Rasul v. Bush	p. 171
Questions and Comments	p. 174
Endnotes	p. 180
Interrogation: Are There Limits?	p. 181
Gonzales Memo to the President	p. 186
Memorandum From President Bush on Geneva Protections	p. 191
Department of Justice Memorandum on Torture (Excerpts)	p. 194
Memorandum for General Counsel of the Department of the Air Force	p. 196
Pentagon Guidelines for Interrogations	p. 198
Testimony of John D. Hutson (Excerpts)	p. 203
Press Briefings by Scott McClellan, The White House	p. 206
Congressional Record, Oct. 5, 2005: Remarks of Senator McCain	p. 209
S.1042 National Defense Authorization Act for Fiscal Year 2006	p. 211
National Security Adviser Hadley Holds Briefing on the McCain Amendment, as Released by the White House, December 15, 2005	p. 212
Questions and Comments	p. 214
Endnotes	p. 221
Military Tribunals: Is There a Role for Judicial Oversight?	p. 223
Military Order: Detention, Treatment and Trial of Certain Non-Citizens in the War Against Terrorism (Excerpts)	p. 231
Hamdan v. Rumsfeld (344 F. Supp. 2d 152 [2004])	p. 233
Hamdan v. Rumsfeld (415 F.3d 33 [2005])	p. 239
H.R. 1290 Military Tribunals Act of 2003 (Excepts)	p. 246
Questions and Comments	p. 249
Endnotes	p. 257
Sources for Further Reading	p. 260
Books	p. 260
Government Reports	p. 261
Law Review Articles	p. 261
Index of Cases in United States Courts	p. 264
Index of United States Statutes and Bills Introduced	p. 265
Index of Presidential Executive Orders and Military Orders	p. 265
Name and Subject Index	p. 266
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