National Security and Liberty Final Exam

Mueller and Stewart

"The Terrorism Delusion" Mueller and Stewart argue that the terrorist threat to U.S. national security is overblown, and that most alleged terrorist plots since 9/11 have been conducted by individuals who are incompetent, inept, or unmotivated until spurred and entrapped by FBI agents-provocateurs

Patriot Act

- Passed overwhelmingly by Congress Hundreds of pages long: written about six weeks after 9/11 -Significantly expanded powers of law enforcement and intelligence agencies in efforts to combat terrorism Little executive branch accountability on multiple issues Reduced checks/balances Ignored idea that civil liberties restrictions must be 'narrowly tied' Sunset provision (four years) § Renewed numerous times through 2020 after 2001 with few reforms § Not renewed in 2020, but most provisions continue in other laws critics of PA denounced as 'pro al-Qaeda' or 'soft on terror'

Plausible Legality Theory

-A situation where an action or decision appears to be legal or has a semblance of legality but may be subject to interpretation or challenge -On the surface, something seems legal or permissible, but there might be room for debate or contention about its actual legality upon closer scrutiny --- -Case of United States-bound 9/11 highjackers Khalid al-Mihdar and Nawaz al-Hamzi -CIA failed to pass on critical information to the FBI on 9/11 later // reiterated these concerns - and inspired numerous legal reforms --- Bybee Memorandum

Sorrels

-During Prohibition undercover Government agent - had conversation- asked Sorrels to get liquor for him- Sorrels denied- agent asked again- Sorrels declined again- shared wartime experiences and asked again- Sorrels went and got alcohol for the undercover agent -Was charged for violating the federal prohibition act- sorrels claimed entrapment- district court said entrapment wasn't able to be used here- he was convicted -Court of Appeals confirmed convinction and said that entrapment can only be used as a defense only if entrapment independently negates an element of the crime

Censorship Industrial Complex

-network of ideologically aligned governmental, NGO, and academic institutions that discovered over the last few years the power of censorship to protect their own interests against the volatility and risks of the democratic process -Not defending democracy- defending their own policy and pecuniary interests against democracy -Missouri v. Biden

Herman-Chomsky Model of Propaganda

6 News Filters: 1. Ownership of Media 2. media advertising 3. news sources 4. flak 5. emotions and fear 6. government censorship

Flak

Attacks on media for dissenting views Goal: marginalize, wear down, punish dissenting views

Media advertising

Dependence of media on advertising Primary source of ads: corporations Advertising revenue hinges on audience size and "quality"

government censorship

Direct censorship Indirect censorship Missouri v. Biden: government pressure/threats against social media companies to remove dissent

Bybee Memorandum

Exemplifies the concept of plausible legality because it sought to define torture innarrow ways that allowed the government to engage in waterboarding of people suspected of terrorism

Levi Guidelines (1976)

FBI could commence a full domestic security investigation only on the basis of "specific and articulable facts giving reason to believe that an individual or group is or may be engaged in activities which involve the use of force or violence" SPECIFIC and ARTICULATE gave power back to the citizens

Material Support for Terrorism

Includes expert advice given to a foreign terrorist group Material support: giving finances, and resources, carrying out actions Holder vs. Humanitarian Law Project (2019): gave advice to PKK (Kurdish Workers Party) how to resolve conflicts peacefully, seen as 'legitimizing' the terrorist organization Expert advice not defined- can include any communication with designated terrorist groups

News sources

News holes: all media need to produce product on a frequent and regular basis Always a news hole to fill- something to write about and publish Easiest cost efficient way of filling a news hole is to go to official sources Official sources- governments, think tanks, experts, etc. Predisposition to trust official sources But trustworthiness questionable

Hamdan v Rumsfeld (2006)

Non-US citizen (bin-laden's driver) held in Guantanamo Q: Does the president have the power to disregard/change laws during wartime? -2001 Bush Executive Order (EO) changes Uniform Code of Military Justice to permit: Secret evidence: classified info not present to defendant/lawyer as evidence Normally inadmissible evidence: coerced confessions, if "not unreliable" Normally inadmissible evidence: hearsay Supreme Court found that executive orders cannot change the Uniform Code of Military Justice ; therefore void

emotions and fear

Objects of fear- "demons" used to scare and propogandize for policies and civil liberties violations involved in them

Moral Panic

Refers to a widespread and exaggerated public concern- usually about a perceived threat to societal values and interests --> Characterized by heightened anxiety, fear, and often a rush to judgment ------ WIDESPREAD BELIEF THAT SOMETHING HORRIBLE IS HAPPENING TO OUR COUNTRY ex: McCarthyism

McCarthyism

Senator Joseph McCarthy -led the search for communists in America during the early 1950s through his leadership in the House Un-American Activities Committee.

Patriot Act sec. 215

Targeted Business records, students, corporations, hospitals, universities -Not withstanding the fourth amendment, allows the government agents to contact various businesses about Americans WITHOUT probable cause OR ANY suspicion of terrorism -Persons did not have to be alerted (bulk collection) -Phone meta data from technology companies on a bulk basis -Did not have to show, on an individualized basis, that they NEEDED the phone data because they suspected you are involved in a crime, especially terrorism

Target Killings

Targets are suspected, not proved, terrorists or terror actors Used to kill them without substantial cause

Missouri V. Biden (2020)

The Biden Administration is believed to have forced media sites, such as twitter and others, to limit or take down posts which conflicted with what the mainstream beliefs regarding COVID-19 were

Chilling Effect

The discouragement of a constitutional right, especially free speech, by any government practice that creates uncertainty about the proper exercise of that right. Happens often during war on terror

Terrorism (state)

US Law: premeditated, politically motivated violence perpetrated against noncombatant targets by subnational groups...usually intended to influence an audience" ---- UN Report: any act "intended to cause death...to civilians or non-combatants with the purpose of intimidating a population or compelling a government...to do or abstain from doing any act" ---- state actors CANNOT commit acts of terrorism ; these are acts of war when done by the state

Holder v. Humanitarian Law Project

US NGO; mission: "peaceful conflict resolution through international human rights (HR) law" Taught the Kurdish Workers Party (PKK) to use human rights law to solve conflict with Turkey PKK was a designated foreign terrorist organization Supreme Court Opinion: Violation of material support clause Communication with PKK improved its image and legitimacy

Habeas Corpus

a writ requiring a person under arrest to be brought before a judge or into court, especially to secure the person's release unless lawful grounds are shown for their detention.

Due Process

fair treatment through the normal judicial system, especially as a citizen's entitlement.

Perceived vs. actual risk

fear-mongering and trying to garner support for war on terror perceived risk is greater because of the randomness of the attacks ----- Americans are at a greater risk of dying in a car accident with a deer than to die by a terrorist attack delusion: if you add immense fuel to the fire, the fire will burn brighter

Entrapment

government induces an individual/group UNDERCOVER to commit a crime/act they weree not originally planning to commit government manufacturing terror plots (entrapment) to respond to perceived risk -Attempt to suppress attacks (have been taken) - do everything possible to engage in anti-terrorism- take 100,000s lives to get rid of terrorism -- Sorrels Case

Propaganda

information, especially of a biased or misleading nature, used to promote or publicize a particular political cause or point of view FAKE NEWS

Rasul v. Bush (2004)

non-US citizens held in Guantanamo on suspicion of terrorism. -Sup. Ct: Unlawful enemy combatants (UEC) do have habeas corpus to challenge designation -2006: Congress limits Guantanamo detainees' access to habeas corpus Rasul was later released w/o charge to the UK.

Ownership of Media

private owners who individuals are less likely to report badly on

Terrorism (non-state)

some actions may be perceived as terrorism, even if they are not

Torture

the use of brutal, degrading, and disorienting strategies to reduce victims to a state of utter helplessness --- -prohibited by the 8th amendment, US laws, and international laws ratified by the US -US Assassination: prohibited by executive orders and international law -US "outsourced" torture to allied dictatorships; "extraordinary rendition" (Sending people to Guantanamo- this practice has ended)

Countering Virulent Alarmism (CVA)

trying to reduce public fears ways in which this could be done: · mark hot topics in news which contain graphic content as possible fear-mongering -- Terrorism is about creating fear in the minds of ordinary people- our government could come up with ways to reduce fear about an issue that in reality is not threatening at all to individual Americans