Law 790 ( )

Counterterrorism and the Law

Syracuse University College of Law
Teaching Professor William C. Snyder
Spring 2018

Jump to: Lesson 23 for Tuesday, 4/17/18.

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.

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..

Unless otherwise indicated, assigned pages are from Dycus, Banks & Raven-Hansen, Counterterrorism Law 3rd. (Wolters Kluwer).  Significant portions of the textbook have been supplanted by the 2017-2018 Supplement.  Always consult the Supplement before investing time in reading the main text.

 

Lesson

Topic

Assignment

 

Part I. Introduction

1
1/16/18

Defining Terrorism and Counterterrorism

Ch. 1

 

Part II. Authorities and Limits in the War on Terrorists

2
1/23/18 [class did not meet as scheduled on 1/22/18]

Extraterritorial Reach of U.S. Law

Extra resources (not assigned):

Ch. 2.
plus Supp.10-11.

3
1/29/18

Waging War on Terrorists

Extra resources (not assigned):

  • entire ICJ opinion in Nicaragua v. United States (all 277 pages!)Adobe Acrobat document.

Ch. 3.

4

International Humanitarian Law (jus in bello)

Ch. 4, pp. 101-123 only, plus Supp. 11.

5
2/5/18

Targeting Terrorists

Extra resources:

  • Page from 2015 course website on targeted killing (all but one links still good; use browser "back" button to return here.) offsite link

Please read Ch. 5, plus Supplement plus prepare in-class simulation

 

Part III. Detecting and Preventing Terrorism

6
2/6/18

Introducing Intelligence Operations

Extra resources:

  • April 4, 2017, Presidential Memorandum-4 [HSPM-4], Organization of the National Security Council, the Homeland Security Council, and SubcommitteesAdobe Acrobat document.
  • Intelligence Community Legal Reference Book, summer 2016 [1013 pages]Adobe Acrobat document.
  • The National Intelligence Strategy of the United States of America 2014.Adobe Acrobat document.
  • U.S. National Intelligence - An Overview 2013. Adobe Acrobat document.

Ch. 6
plus Supp. 36-38

7
2/12/18

The Fourth Amendment and Counterterrorism

Ch. 7
plus Supp.38

8
2/13/18

Congressional Authority for Foreign Intelligence Surveillance  

Ch. 8

plus Supp. 38-39

9 & 10
2/19 & 20/18

Programmatic Electronic Surveillance for Foreign Intelligence  

Ch. 9

11
2/26-27/19

Third-Party Records – Targeted Collection

Ch. 10

12 & 13
3/5-6/18

Bulk Collection and Data Mining

Ch. 11

 

Screening for Security

Ch. 12

 

Part IV. Detaining Terrorist Suspects

14
3/19/18

Habeas Corpus: The Structure of the Suspension Clause

- Merryman and Milligan

Ch. 13

[Class did not meet as scheduled on 3/20/18.]

15
3/26/18

Habeas Corpus: The Scope of the Suspension Clause 

Ch. 14

16
3/27/18

Military Detention of U.S. Persons

Ch. 15

17
4/2/18

Military Detention of Non-U.S. Persons 

Ch. 16
[pp.551-582, 32 pages]

18
4/3/18

Preventive Detention

Assignment gudiance: If you need to triage, focus on the material witness statute, 18 U.S.C. §3144, and just skim Turkmen v. Hasty (p. 590). My thinking is that Immigration Law is vast, the subject of another course in our curriculum, and extends far beyond counterterrorism detainees, so don't get bogged down in its details. Besides, any court decision that includes a section entitled "Final Thoughts" has lots of dicta.

Ch. 17
[pp.583-618, 38 pages]

 

Part V. Interrogating Terrorist Suspects

19

4/9/18

Interrogating Terrorist Suspects

 

Ch. 18

[pp.621-645, 35 pages]

 20

4/10/18

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

Supplemental materials:

  • Memorandum for the Commander, US Southern Command, Counter-Resistance Techniques in the War on Terrorism
  • Log of interrogation
  • U.S. government reply, mentioned at the top of page 652.
  • OLC Opinion described as "extensive analysis" in middle of page 650.

Ch. 19

[pp. 647-680, 34 pages]

 

Part VI. Prosecuting Threats to National Security

21

4/16 starting at noon and combined w/ Lesson 22

Criminalizing Terrorism and Material Support

Ch. 20

22

4/16 starting at noon and combined w/ Lesson 21

The Procedural Path to Terrorism Trials  

Ch. 21

23

4/17/18

Secret Evidence in Criminal Trials

Supplemental materials:

  • Full text of Rule 16 and CIPA.
  • CIPA chart for students.

Ch. 22

24

4/23/18

Trial by Military Commission

- Quirin

Ch. 23

Part VII. Homeland Security

 

Homeland Security

Ch. 24

 

The Military's Domestic Role

Ch. 25

 

Part VIII. Noncriminal Sanctions Against Terrorists and Their Sponsors

 

Public Sanctions Against Terrorists and Their Sponsors

Ch. 26

25

4/24/18

Suing Terrorists and Their Sponsors

Ch. 27

 

Does Cyberspace Change Counterterrorism Law and Policy?

Handout

[T] 26

4/27/18

[T] Exam review ?

 

TBD

EXAM – in class, closed book with statutory supplement.

 

 

[old 2015 syllabus]

Updated 17-Apr-2018 11:44

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