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Reports
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1.
Long-Term Legal Strategy Project for Preserving Security and Democratic Freedoms in the War on Terrorism. November 2004.
- Sponsored by MIPT, the final report of the Long-Term Legal Strategy Project for Preserving Security and Democratic Freedoms in the War on Terrorism includes analysis and specific legislative recommendations to deal with the thorniest - and most profound - legal challenges of this new era, including:
- Is targeted killing ever acceptable? Against whom?
- When can coercion be used in interrogation - and who decides?
- After the Supreme Court cases, when is detention allowable? When should it be?
- Should the government infiltrate religious and political groups?
- What exactly do we mean by 'profiling'? When should it be allowed?
- Should government collect bio-metric information to identify citizens?
- What standards should the government use for using information on citizens from private databases?
Source: Harvard Law School (All by Source | Source Website)/John F. Kennedy School of Government at Harvard University (All by Source | Source Website).
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2.
Managing Terrorism's Consequences. December 2002.
- This monograph, by Barry Kellman, "looks at our country's federal and legal system and how it has been used in other kinds of crises, to offer a framework from which to address new threats. It begins by describing the laws Congress has established for dealing with disasters, emergencies and acts of war, then looks at the President's inherent authority for dealing with unanticipated crises, and at state and local emergency powers. Finally, it explores what legal liability may attach to those who respond to an emergency. The monograph identifies relevant statutory authority and case law, to define the limits of what acts government may reasonably initiate and what acts may be found unreasonable by the courts."
Source: MIPT (All by Source | Source Website).
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3.
Man Sentenced for Conspiracy to Provide Material Support to Terror Organization. October 2008.
- This press release issued by the Department of Justice announces the sentensing of Haniffa Bin Osman to 37 months in prison followed by three years of supervised release for conspiracy to provide material support to a designated foreign terrorist organization and money laundering. Haniffa Bin Osman conspired with others to provide material support to the Tamil Tigers and attempted to illegally export arms, including state of the art firearms, grenade launchers, night vision devices, surface to air missiles, and unmanned aerial vehicles.
Source: Department of Justice, United States (All by Source | Source Website). Report Number: 08-969.
See Also -
Domestic Cases
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4.
Shareef Sentenced to 35 Years in Prison for Foiled Plot to Bomb Shopping Mall During Holiday Season. September 2008.
- "In November 2007, Derrick Shareef pled guilty to attempted use of a weapon of mass destruction in violation of 18 USC 2332a in connection to set off hand grenades at a shopping mall in Rockford, IL in December 2006 (recall that WMD are defined very broadly for purposes of federal criminal law, so as to include conventional explosives). Shareef received a 35 year sentence on that count. "
Source: Department of Justice, United States (All by Source | Source Website).
See Also -
Domestic Cases
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5.
Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court. July 2008.
- This report reviews acts and legislation pertaining to habeas corpus of enemy combatant detainees from the Detainee Treatment Act of 2005 to Boumediene v. Bush (2008) that finds that aliens designated as enemy combatants and detained at Guantanamo Bay have the constitutional privilege of habeas corpus.
Source: Congressional Research Service (CRS), United States (All by Source).
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6.
Suits Against Terrorist States by Victims of Terrorism. July 2008.
- "This CRS report provides background on the doctrine of State immunity and the Foreign Sovereign Immunities Act (FSIA;) details the evolution of the terrorist State exception and some of the resulting judicial decisions; describes legislative efforts to help claimants satisfy their judgments; summarizes the decision in the hostages' suit against Iran and Congress's efforts to intervene; summarizes what has happened with Iraq's assets, and provides an overview of proposed legislation."
Source: Congressional Research Service (CRS), United States (All by Source).
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7.
In Pursuit of Justice: Prosecuting Terrorism Cases in the Federal Courts. May 2008.
- "This paper examines the capability of the federal courts to handle criminal cases arising from international terrorism. In the paper, we focus on terrorism that is associated--organizationally, financially, or ideologically--with selfdescribed 'jihadist' or Islamist extremist terrorist groups like al Qaeda."
Source: Human Rights First (All by Source | Source Website).
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8.
Canadian al Qaeda Member Sentenced to Life in Prison for Conspiring to Kill Americansbe Bombing U.S. Embassies in Singapore and the Philippines. January 2008.
- This press release issued by the Department of Justice announces the life sentence of Mohammed Mansour Jabarah, on multiple terrorism conspiracy charges. On July 30, 2002, Jabarah, an admitted member of al Qaeda, pleaded guilty to charges stemming from his participation in a plot to bomb United
States Embassies in Singapore and the Philippines.
Source: Department of Justice, United States (All by Source | Source Website).
See Also -
Domestic Cases
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9.
Interrogation of Detainees: Overview of the McCain Amendment. December 2007.
- This report discusses what has been termed the McCain Amendment "regarding U.S. treatment of enemy combatants and terrorist suspects detained in Iraq, Afghanistan, and other locations, and whether such treatment complies with U.S. statutes and treaties such as the U.N. Convention Against Torture and Other Forms of Cruel and Inhuman or Degrading Treatment or Punishment (CAT) and the 1949 Geneva Conventions." It also discusses Detainee Treatment Act provisions that "(1) require Department of Defense
(DOD) personnel to employ United States Army Field Manual guidelines while interrogating detainees, and (2) prohibit the 'cruel, inhuman and degrading treatment or punishment of persons under the detention, custody, or control of the United States Government.'" Finally, the report discusses "the application of the McCain Amendment by the DOD in the updated 2006 version of the Army Field Manual, particularly in light of
the Supreme Court's ruling in Hamdan v. Rumsfeld. In addition, the report discusses the Military Commissions Act of 2006 (MCA) (P.L. 109-366), which contains provisions that reference or amend the McCain Amendment, along with the Executive Order signed by President Bush that references MCA and McCain Amendment standards when describing guidelines for the treatment of detainees by the Central Intelligence Agency (CIA)."
Source: Congressional Research Service (CRS), United States (All by Source). Report Number: RL33655.
See Also -
Miscellaneous Resources
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10.
Transcript of Conference Call with Senior Administration Officials Regarding FISA Modernization Legislation. August 2007.
- This is the transcript of a conference call dicussing FISA and the FISA modernization bill. Questions and answers follow the discussion from Senior Administration Officials.
Source: Department of Justice, United States (All by Source | Source Website).
See Also -
Domestic Legislation :
Intelligence and Intelligence Sharing
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11.
Defining the Role of a National Commission on the Prevention of Violent Radicalization and Homegrown Terrorism. July 2007.
- This is a statement by Brian Michael Jenkins of the RAND corporation. Its focus is on discussing the role committees can have on affecting policy that is in the best interest of preventing terrorism. Specifically, this statement reviews what some of the possibilities available are to cull the indoctrination of terrorists. It advices that a key factor in understanding and stiffling this type of radicalism is to ask the right questions, such as arriving at an understanding, and more accurate picture, of the indoctrination process. Any solutions must be weighed, it is stressed, against "sensitive rights", such as religious freedom.
Source: Committee on Homeland Security, U.S. House (All by Source | Source Website).
See Also -
Homeland Security
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12.
Prepared Remarks Concerning United States v. Monzer Al Kassar. June 2007.
- Theses are the prepared remarks of Michael J. Garcia, United States Attorney for the Southern District of New York, at a press conference announcing the arrest of Monzer Al Kassar, Tareq Mousa Al Ghazi, and Luis Felipe Moreno Godoy. The three men are charged with selling $8 million worth of weapons to members of the FARC to be used against US nationals in Columbia.
Source: Department of Justice, United States (All by Source | Source Website).
See Also -
Domestic Cases
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13.
U.S. Announces Arrest of International Arms Dealer for Conspiracy to Kill Americans and Related Terrorism Charges. June 2007.
- This press release from the Department of Justice announces the arrest of Monzer Al Kassar, Tareq Mousa Al Ghazi, and Luis Felipe Moreno Godoy. The three men are charged with four separate terrorism offenses: 1) Conspiracy to provide material support or resources to a designated foreign terrorist
organization; 2) Conspiracy to kill United States nationals; 3) Conspiracy to kill United States officers or employees; 4)Conspiracy to acquire and use an antiaircraft missile. In addition, Kassar and Moreno are charged in Count Five with money laundering.
Source: Department of Justice, United States (All by Source | Source Website).
See Also -
Domestic Cases
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14.
Counterterrorism Strategies From an International Law and Policy Perspective. May 2007.
- This report is a part speech, part dialogue, by Christiaan Kroner of the Royal Netherlands Embassy in conjunction with the American Bar Association. The main topic of the talk was about the current state of international law and terrorism. Specifically, the lack of a definitive explanation of what consitutes a terrorist act, it is argued, is largely behind the lack of creation of a unifed law in dealing with terrorism.
Source: American Bar Association (All by Source | Source Website).
See Also -
Legal Material
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15.
Verbatim Transcript of Combatant Status Review Tribunal Hearing for ISN 10024 (Khalid Sheikh Muhammad). March 2007.
- This is the transcript of the tribunal hearing for Khalid Sheikh Muhammad held on March 10, 2007. In this hearing, Muhammad confesses to masterminding the September 11 attacks and 28 other plots.
Source: Department of Defense, United States (All by Source | Source Website). Large File: 1.3+ Mb.
See Also -
Al Qaeda :
Legal Material :
September 11 :
World Trade Center
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16.
Prosecuting Terrorism Supporters: Lessons from a Recent Verdict. February 2007.
- This paper studies Muhammad Salah and Abdulhalim Ashqar, who were acquitted of charges that they were involved in a racketeering conspiracy by financing and supporting Hamas terrorist activities in the late 1980s and early 1990s.
Source: Washington Institute for Near East Policy (All by Source | Source Website).
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17.
Summary of Evidence for Combatant Status Review Tribunal - Al Libi, Abu Faraj. February 2007.
- Coming from the Office for the Administrative Review of the Detention of Enemy, this report summarizes the evidences and determinations used to classify the named individuals as "combatants."
Source: Department of Defense, United States (All by Source | Source Website).
See Also -
Al Qaeda :
Legal Material :
September 11 :
World Trade Center
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18.
Summary of Evidence for Combatant Status Review Tribunal - Al Shib, Ramzi Bin. February 2007.
- Coming from the Office for the Administrative Review of the Detention of Enemy, this report summarizes the evidences and determinations used to classify the named individuals as "combatants."
Source: Department of Defense, United States (All by Source | Source Website).
See Also -
Al Qaeda :
Legal Material :
September 11 :
World Trade Center
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19.
Verbatim Transcript of Open Session Combatant Status Review Tribunal Hearing for ISN 10013. February 2007.
- This includes all unclassified materials and discussions associated with the determination of the combatant status of Ramzi Bin al-Shib.
Source: Department of Defense, United States (All by Source | Source Website).
See Also -
Al Qaeda :
Legal Material :
September 11 :
World Trade Center
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20.
Verbatim Transcript of Open Session Combatant Status Review Tribunal Hearing for ISN 10017. February 2007.
- This includes all unclassified materials and discussions associated with the determination of the combatant status of Abu Faraj al-Libi.
Source: Department of Defense, United States (All by Source | Source Website).
See Also -
Al Qaeda :
Legal Material :
September 11 :
World Trade Center
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