Law 790 (45093)

Counterterrorism and the Law

Syracuse University College of Law
Visiting Assistant Professor William C. Snyder
Spring 2015

Next: For Monday, 3/2/15, Lesson 15 (and online make-up less due, too).

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) and the 2014-2015 Supplement to National Security Law (5th ed.) and Counterterrorism Law (2d ed.) ISBN number is 978-1-4548-4050-3..

Lesson

Topic

Assignment

 

Part I. Introduction

1
1/12/15
&

2 1/14/15

Defining Terrorism and Counterterrorism
Extra resources (not assigned):

Ch. 1.
plus relevant portions of the 2014-2015 Supplement.

 

Part II. Authorities and Limits in the War on Terrorists

3
1/21/15

 

Terrorism and International Humanitarian Law

Extra resources (not assigned):

  • 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 Lesson #3 on 1/21/15.

Ch. 2.

4
1/26/15

Waging War on Terrorists

Extra resources (not assigned):

Ch. 3.
(PDF)

plus relevant portions of the 2014-2015 Supplement.

Lesson 5
1/28/15

&
Lesson 6
2/2/15

Targeting Terrorists

Extra resources (not assigned):

  • 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.
  • Photo of whiteboard on 1/28/15.
  • Audio file of Lesson 6 on 2/2/15.
  • Audio file of old Lesson 4 on 1/30/12.
  • Audio file of old Lesson 5 on 2/6/12.

Ch. 4
plus Relevent portions of Supp. (which in my copy are at 57, 60, 64, 73)

plus article on 2008 targetted killing of Imad Mughniyah

 

Part III. Detecting and Preventing Terrorism

Lesson
7
2/4/15

 

Organizing for Intelligence Collection

Extra resources (not assigned):

Chapter
5

Note: Class was cancelled on Monday, 2/9/15 due t weather.

Lesson 8 on
2/11/15

The Fourth Amendment and Counterterrorism

Extra resources (not assigned):

  • audio file (after class).
  • outline for class.

Ch. 6
plus relevant portions of the 2014-2015 Supplement.

Lesson 9 & 10 on
2/16/15 (class starts at noon)

 

Congressional Authority for Foreign Intelligence Surveillance

Extra resources (not assigned):

Ch. 7
plus relevant portions of the 2014-2015 Supplement, plus read actual FISA statute through Section 1871.

Lesson 11 on 2/18/15


Programmatic Electronic Surveillance for Foreign Intelligence 

Extra resources (not assigned):

  • outline for class.
  • PowerPoint slides used during class.
  • audio file of Lesson11 on 2/18/15.
  • audio file of Lesson 10, 2013, on programmatic surveilance..

Ch. 8
plus relevant portions of the 2014-2015 Supplement.

12 on 2/23/15

&
13

Third-Party Records and Data Mining

Extra resources (not assigned):

Ch. 9
plus relevant portions of the 2014-2015 Supplement.

14
online prior to
3/2/15

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.

PPD-20 mentioned by Amie Stepanovich.

view after Lesson 12 and before Lesson 15
14

Screening for Security

  • Audio file of Lesson 14.

Ch. 10
plus relevant portions of the 2014-2015 Supplement.

15 on 3/2/15

Surveilance Abroad

  • Extra resources (not assigned):
  • outline for class.
  • Audio file of Lesson 1*.
  • Handout on Eisentrager.

Ch. 11
plus relevant portions of the 2014-2015 Supplement.

16

3/4/15

 

 

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:

For 3/5: Textbook pages 153 (bottom half under "2.") and N.4 on page 157, plus HANDOUT.
 
Part IV. Detaining Terrorist Suspects
17

Preventive Detention by Civil Authorities 

Extra resources (not assigned):

  • audio file of Lesson 1*.

12

18

The Great Writ: Habeas Corpus Before 9/11

Extra resources (not assigned):

  • PowerPoint slides used in class.
  • Audio file.

13

19

The Great Writ: Habeas Corpus After 9/11

Extra resources (not assigned):

  • Audio file of Lesson 1*.

Ch. 14
plus relevant portions of the 2014-2015 Supplement.

20

Military Detention Before 9/11

Extra resources (not assigned):

  • The Response was shown in class, 4/8/12
  • Audio file of Lesson 1*.

15

21

Military Detention After 9/11

Extra resources (not assigned):

  • outline for class.
  • Audio file of Lesson 1*.

Ch. 16
plus relevant portions of the 2014-2015 Supplement.

Part V. Interrogating Terrorist Suspects
2*

Interrogating Terrorist Suspects

Extra resources (not assigned):

  • Dedicated page of this website.
  • Skeletal outline for class.
  • Audio file of Lesson 1*.

17

2*


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

Extra resources (not assigned):

  • transcript of interrogation
  • CRS Report: Perspectives on the SSCI "Torture Report" and Enhanced Interrogation Techniques, February 10, 2015.
  • audio file of Lesson 19.

Ch. 18
plus relevant portions of the 2014-2015 Supplement.

2*


Extraordinary Rendition

Extra resources (not assigned):

  • audio file of Lesson **.

Ch. 19
plus relevant portions of the 2014-2015 Supplement.

 
Part VI. Prosecuting Threats to National Security


Criminalizing Terrorism and Material Support

Extra resources (not assigned):

Ch. 20
plus relevant portions of the 2014-2015 Supplement.

2*

cyber

Prosecuting Accused Terrorists and Their Supporters in Criminal Courts

Extra resources (not assigned):

  • audio file of Lesson 22.
  • handout on Sections 2339A & 2339B.
      

Ch. 21
plus relevant portions of the 2014-2015 Supplement.

[2*]

cyber

&
[2*]


Trial by Military Commission

Extra resources (not assigned):

 

Ch. 22
plus relevant portions of the 2014-2015 Supplement.

online

Does Cyberspace Change Counterterrorism Law and Policy?

Handout

Tuesday, May 5, 2015

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

For review:

 

 

 

* * *

[Out-of-date syllabus from Spring 2014 can be found here.]

 

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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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