Law 790 (46298)

Counterterrorism and the Law

Syracuse University College of Law
Visiting Assistant Professor William C. Snyder
Spring 2014

Next: Lesson 24 on Wednesday, 4/16/14.

Course Description:

This three-credit course is about the law and legal policy used to counter terrorism, not about its history, ideology, or grand strategies.  As the authors of our textbook (including our own Professor William Banks) explain, the course is designed to help you “reflect intensively on how to protect national security under the rule of law; whether civil rights and civil liberties must be traded for security, and, if so, how much; and what roles each of the three branches of government should play in making these decisions and trade-offs.”  Special attention will be paid to the dynamic quality of counterterrorism law – that is, most classes will begin with a review of developments since last we met.  Included specific topics can be found in the Assignments section, below.  There are no prerequisites for enrollment.

I am willing to adjust the syllabus to address the needs and interests of students in the course.

Required Reading:

Please see "About" page.

Assignments:

The reading assignments are not long.  Yet, the material is fairly challenging, and we may not be able to keep the pace outlined here.  Thus, these assignments are subject to change.  If the class as a group is not comfortable with its understanding of a section, we will spend extra time upon it.  We also make a point of following current developments, which are tracked on our course blog at www.nationalsecuritylaw.info.

Unless otherwise indicated, assigned pages are from Dycus, Banks & Raven-Hansen, Counterterrorism Law 2d. (Aspen 2012).

Lesson

Topic

Assignment

 

Part I. Introduction

1 & 2
1/13/14 & 1/15/14

Defining Terrorism and Counterterrorism
Supplemental readings:

Ch. 1.

 

Part II. Authorities and Limits in the War on Terrorists

3
1/22/14

[class not held on 1/20]

Terrorism and International Humanitarian Law

Supplemental:

  • McNeal, Gregory S., The U.S. Practice of Collateral Damage Estimation and Mitigation (November 9, 2011). Available at SSRN: http://ssrn.com/abstract=1819583 or doi:10.2139/ssrn.1819583 or here.
  • Audio file of 2013 Lesson #2.

Ch. 2.
plus HANDOUT

 
Part IV. Detaining Terrorist Suspects
4
1/27/14

Preventive Detention by Civil Authorities 

Supplemental materials:

  • Pre-charge Detention Pre-Charge Detention for Terrorist Suspects: United Kingdom.
  • BRA Bail Reform Act.
  • audio file of 2013 Lesson 16.

12

5
1/29/14

The Great Writ: Habeas Corpus Before 9/11

  • 2013 PowerPoint slides used in class.
  • 2013 Audio file.

13
plus Material Witness materials from last class.

6
2/3/14

The Great Writ: Habeas Corpus After 9/11

Supplemental materials:

  • 2014 Audio file of Lesson 18.
  • 2013 Audio file of Lesson 18.

14
plus Supplement

7
2/10/14

Military Detention Before 9/11

  • 2014 Audio file of Lesson 7.
  • 2013 Audio file of Lesson 19.
  • [Note: class was cancelled on 2/5/14 due to weather emergency.]

15

8 & 9
2/12 & 17/14

Military Detention After 9/11

Supplemental materials:

  • 2014 outline for class.
  • 2014 Audio file of Lesson 9.
  • 2013 Audio file of Lesson 20.

16
plus Supplement 173-196

Part V. Interrogating Terrorist Suspects

10

2/19/14

Interrogating Terrorist Suspects

Supplemental materials:

  • Dedicated page of previous website for this course.
  • 2013 Audio file of Lesson 21.

17

11
2/24/14

Case Study: Coercive Interrogation by U.S. Forces After 9/11

DOC Skeletal outline of class on 4/17/13.

PDF Assigned interrogation log.

Supplemental materials:

18

plus Supplement

12

2/26/14

Extraordinary Rendition

Supplemental materials:

PDF Handout on Extraterritorial Application of American Criminal Law.

  • audio file [not yet].

19

Plus Supplement

p. 182

 
Part V(A) Investigating Terrorists

13

3/5/14

 

 

Tearing Down The Wall & the JTTF's

Attorney General's Guidelines

Assigned:
Attorney General's Guidelines for Domestic FBI Operations (The HANDOUT note at right.)

Supplemental Material:
U.S. National Intelliegence: An Overview 2013

For 3/5: Textbook pages 153 (bottom half under "2.") and N.4 on page 157, plus HANDOUT.

14

3/17/14

Surveilance Abroad

  • Supplemental Material:
  • 2014 outline for class.
  • 2013 Audio file of Lesson 15 (only first 12 minutes, battery failure).
  • Handout on Eisentrager.

For 3/17: Reveiw AG's 2008 Guidelines plus Chapter 11 (just 21 pages).

15

on 3/19

&

16
3/26/14

 

 

Third-Party Records and Data Mining

Supplemental Material:

Ch. 9

plus Supp.

17
online for
3/31/14

The 2013-2014 NSA Controversy

Online lecture and assignment on dedicated page of this site.

Supplemental Materials:

CRS Report R43260: Reform of the Foreign Intelligence Surveillance Courts: Introducing a Public Advocate, updated March 21, 2014.

view after Lesson 15 and before Lesson 18

18

3/31/14

Screening for Security

  • 2013 Audio file of Lesson 14 (ends at 61 minutes due to battery failure).

Ch. 10

Plus Supp.

 
Part VI. Prosecuting Threats to National Security

19

4/2/14


Criminalizing Terrorism and Material Support

Supplemental materials:

20

20

4/7/14

&
21
4/9/14


Prosecuting Accused Terrorists and Their Supporters in Criminal Courts

Supplemental materials:

  • audio file of Lesson 22 during 2013 term.
  • Disclosure & Discovery Protecting Classified or Confidential Information

21

Plus Supp.,
plus
Handout

22

4/14/14

 


Trial by Military Commission

Audio file of Lesson 25 on 4/24/13 (last).

Supplemental materials:

 

22

plus Supp.

23

cyber

2013 Lesson 24 = cyberlecture by Brig. Gen. Mark Martins, JAGC, Chief Prosecutor, Military Commissions, at http://youtu.be/pdAI9nMr_2U .

view anytime after
Lesson 21

23

4/14/14

Disclosure & Discovery Protecting Classified or Confidential Information

 

24

4/16/14

Case Study: United States v. Moussaoui
Moussaoui pleadings:

assigned readings are the pleadings linked at left.
 
Part VII. Homeland Security
 

25

4/21/14

Homeland Security 23

26

4/23/14

The Military's Domestic Role 24
 
Part VIII. Noncriminal Sanctions Against Terrorists and Their Sponsors

27

4/**/14

 

Public Sanctions Against Terrorists and Their Sponsors 25
** Suing Terrorists and Their Sponsors Supplemental reading: CRS report "Suits Against Terrorist States by Victims of Terrorism, Updated May 1, 2008.  
     

28

cyber

Does Cyberspace Change Counterterrorism Law and Policy?

Handout

tbd

Morning EXAMINATION – in class, closed book with statutory supplement.

For review:

 

 

Material Not Used This Year to Coordinate With Law 700

3
1/23/13

Waging War on Terrorists

Supplemental reading:

  • Audio file of Lesson 3 on 1/23/13.
  • 2013 Outline of class.
  • Declarations of War and Authorizations for the Use of Military Force: Historical Background and Legal Implications, Congressional Research ServiceReport RL31133 (March 17, 2011 version, March 8, 2007 version).

Ch. 3.
(PDF)

4
1/28/13

5
1/30/13

Targeting Terrorists

Supplemental material:

  • Justice Department White Paper made public on 2/4/13.
  • Fact sheet on Predator.
  • Testimony of William C. Banks before the Subcommittee on National Security and Foreign Affairs, Committee on Oversight and Government Reform, United States House of Representatives, on "Rise of the Drones," 4/28/10.
  • Page of this site on targeted killing.
  • Handout from Chatham House used only in 2013 term.
  • Audio file of Lesson 4 on 1/28/13.
  • Audio file of Lesson 5 on 1/30/13.

4

(PDF)

 

Part III. Detecting and Preventing Terrorism

Lesson
6

2/6/13

 

Organizing for Intelligence Collection

Supplemental materials:

  • PowerPoint slides used in class on 2/6/13 and start of 2/11/13.
  • 2013 Audio file.

Chapter
5

7
2/11/13

The Fourth Amendment and Counterterrorism

Supplemental materials:

  • audio file of Lesson 7 from 2013 term.
  • 2013 outline for class.

6

8

Make-up class on 2/13/13 in Room 275 at Noon

"Revenge of the Drones"

Targeting and Accountability in the Shadow Wars

A Presentation with Syracuse College of Law Professor William Banks

 

None

9

2/13/13

Congressional Authority for Foreign Intelligence Surveillance

Assignment for Lesson 9 on 2/13/13 at 4:00 p.m.: please review the portions of Chapter 7 (4th Amend.) that we did not cover on Monday (most of it), then please read Subsection A only of Chapter 8 on FISA (through page 2012).

Supplemental Material:

See at left.

10
2/18/13

Programmatic Electronic Surveillance for Foreign Intelligence 

Supplemental materials:

  • 2013 outline for class.
  • handout referred to during class, 2013.
  • slides from class, 2013.
  • audio file of Lesson 10, 2013.

8

 

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About INSCT

The Institute for National Security and Counterterrorism (INSCT) -- a joint venture of Syracuse University's College of Law and of its Maxwell School of Citizenship and Public Affairs -- provides cutting-edge interdisciplinary research, graduate-level education, and public service on law and policy challenges related to national and international security.

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