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This collection of previously published work on security and rights focuses on the appropriate relationship between rights and what we can think of as counterterrorism policy. Such a focus might seem both necessary, because of 9/11, and unfortunate, because there are other causes of insecurity besides terrorism. However, the intensity of the'war on terror'has created an ongoing surge of scholarship on the relationship between security and human rights that either has indirect implications for debates about security where terrorism is not in issue, or has directly led to an attempt to rethink more generally the idea of security and its relationship to rights.

The definitive account of how America's War on Terror sparked a decade-long assault on the rule of law, weakening our courts and our Constitution in the name of national security.The day after September 11, President Bush tasked the attorney general with preventing another terrorist attack on the United States. From that day forward, the Bush administration turned to the Department of Justice to give its imprimatur to activities that had previously been unthinkable—from the NSA's spying on US citizens to indefinite detention to torture. Many of these activities were secretly authorized, others done in the light of day.When President Obama took office, many observers expected a reversal of these encroachments upon civil liberties and justice, but the new administration found the rogue policies to be deeply entrenched and, at times, worth preserving. Obama ramped up targeted killings, held fast to aggressive surveillance policies, and fell short on bringing reform to detention and interrogation.How did America veer so far from its founding principles of justice? Rogue Justice connects the dots for the first time—from the Patriot Act to today's military commissions, from terrorism prosecutions to intelligence priorities, from the ACLU's activism to Edward Snowden's revelations. And it poses a stark question: Will the American justice system ever recover from the compromises it made for the war on terror?Riveting and deeply reported, Rogue Justice could only have been written by Karen Greenberg, one of this country's top experts on Guantánamo, torture, and terrorism, with a deep knowledge of both the Bush and Obama administrations. Now she brings to life the full story of law and policy after 9/11, introducing us to the key players and events, showing that time and again, when liberty and security have clashed, justice has been the victim.— Kirkus, Best Books of 2016

The current legislative and oversight activity with respect to electronic surveillance under the Foreign Intelligence Surveillance Act (FISA) has drawn national attention to several overarching issues. This book outlines three such issues and touches upon some of the perspectives reflected in the ongoing debate. These issues include the inherent and often dynamic tension between national security and civil liberties, particularly rights of privacy and free speech; the need for the intelligence community to be able to efficiently and effectively collect foreign intelligence information from the communications of foreign persons located outside the United States in a changing, fast-paced, and technologically sophisticated international environment or from United States persons abroad, and the differing approaches suggested to meet this need; and limitations of liability for those electronic communication service providers who furnish aid to the federal government in its foreign intelligence collection. Two constitutional provisions are implicated in this debate - the Fourth and Fifth Amendments.

Reconnaissance satellites, first deployed in the early 1960s to peer into denied regions of the Soviet Union and other secretive enemy states, have from time to time been used by civilian agencies of the federal government to assist with mapping, disaster relief, and environmental concerns. There follows a discussion of legal considerations, including whether satellite reconnaissance might constitute a “search” within the meaning of the Fourth Amendment; an overview of statutory authorities, as well as restrictions that might apply; and a brief description of executive branch authorities and Department of Defense directives that might apply. The book concludes by suggesting policy issues Congress may consider as it deliberates the potential advantages and pitfalls that may be encountered in expanding the role of satellite intelligence for homeland security purposes.

Today the United States is fighting a new type of non-nation state enemy, which does not behave according to historical doctrines or principles of war. Hardy examines the development of legal doctrine surrounding the management of the'new'enemy combatant, including the detention and prosecution of unlawful enemy combatants detained by the United States after September 11, 2001. She also reviews relevant case law addressing United States citizens detained as enemy combatants. This discussion additionally focuses on the rights and processes granted to those detained at Guantanamo Bay. Finally, she gives an historical overview of enemy combatants in previous United States wars and conflicts.

In the aftermath of a terrorist attack political stakes are high: legislators fear being seen as lenient or indifferent and often grant the executive broader authorities without thorough debate. The judiciary's role, too, is restricted: constitutional structure and cultural norms narrow the courts'ability to check the executive at all but the margins. The dominant'Security or Freedom'framework for evaluating counterterrorist law thus fails to capture an important characteristic: increased executive power that shifts the balance between branches of government. This book re-calculates the cost of counterterrorist law to the United Kingdom and the United States, arguing that the damage caused is significantly greater than first appears. Donohue warns that the proliferation of biological and nuclear materials, together with willingness on the part of extremists to sacrifice themselves, may drive each country to take increasingly drastic measures with a resultant shift in the basic structure of both states.

In the weeks following 9/11, the Bush administration launched the Patriot Act, rejected key provisions of the Geneva Convention, and inaugurated a sweeping electronic surveillance program for intelligence purposes—all in the name of protecting national security. But the current administration is hardly unique in pursuing such measures. In Security v. Liberty, Daniel Farber leads a group of prominent historians and legal experts in exploring the varied ways in which threats to national security have affected civil liberties throughout American history. Has the government's response to such threats led to a gradual loss of freedoms once taken for granted, or has the nation learned how to restore civil liberties after threats subside and how to put protections in place for the future? Security v. Liberty focuses on periods of national emergency in the twentieth century—from World War I through the Vietnam War—to explore how past episodes might bear upon today's dilemma. Distinguished historian Alan Brinkley shows that during World War I the government targeted vulnerable groups—including socialists, anarchists, and labor leaders—not because of a real threat to the nation, but because it was politically expedient to scapegoat unpopular groups. Nonetheless, within ten years the Supreme Court had rolled back the most egregious of the World War I restrictions on civil liberties. Legal scholar John Yoo argues for the legitimacy of the Bush administration's War on Terror policies—such as the detainment and trials of suspected al Qaeda members—by citing historical precedent in the Roosevelt administration's prosecution of World War II. Yoo contends that, compared to Roosevelt's sweeping use of executive orders, Bush has exercised relative restraint in curtailing civil liberties. Law professor Geoffrey Stone describes how J. Edgar Hoover used domestic surveillance to harass anti-war protestors and civil rights groups throughout the 1960s and early 1970s. Congress later enacted legislation to prevent a recurrence of the Hoover era excesses, but Stone notes that the Bush administration has argued for the right to circumvent some of these restrictions in its campaign against terrorism. Historian Jan Ellen Lewis looks at early U.S. history to show how an individual's civil liberties often depended on the extent to which he or she fit the definition of'American'as the country's borders expanded. Legal experts Paul Schwartz and Ronald Lee examine the national security implications of rapid advances in information technology, which is increasingly driven by a highly globalized private sector, rather than by the U.S. government. Security v. Liberty shows that civil liberties are a not an immutable right, but the historically shifting result of a continuous struggle that has extended over two centuries. This important new volume provides a penetrating historical and legal analysis of the trade-offs between security and liberty that have shaped our national history—trade-offs that we confront with renewed urgency in a post-9/11 world.

With a renewed emphasis on national and homeland security, the United States is once again seeking to balance the needs of the state with both the rights of its citizens as well as those of other nations. This book represents an interdisciplinary approach to the legal dilemmas borne out by the war on terror-against the specific background of Afghanistan, Iraq, and this new kind of conflict. It is a strong contribution to a broader debate visible since 9/11, which will remain in the public eye for the foreseeable future. It addresses the overlap between religion, ethics, armed conflict, and law, within the context of the current conflict. While many issues in areas such as intelligence, reconciliation of civil liberties, dealing with terrorist threats, and the permissible bounds of interrogation, treatment of prisoners and laws governing armed conflict have long standing precedents under domestic and international law, this war has challenged even long standing legal interpretations. The contributors to this volume explore those precedents and contemporary challenges to them.Now that traditional wars between nation states are no longer the rule, the terrorist threat has gained credence (popularly, terrorism and its claimed breeding ground in failed states), linked in practice to issues of intervention on the territory of states harboring such groups. In military circles the idea of armed struggle between modern military forces and what were formerly called guerillas has now largely been replaced by asymmetric warfare and the concept of intelligence and preventive action interchangeably within U.S. borders and overseas. Opposing views contemplate that different-and presumably lower-legal standards may apply in internal armed conflicts. Such legal issues are visible under current circumstances of asymmetric warfare in conjunction with questions about prisoner status and detentions, including the permissible bounds of interrogation versus torture following the Abu Ghraib prison scandal in Iraq but also the treatment at the Guantanamo Bay facility of alleged Al Q'aeda captives from Afghanistan. All of the contributors in this book explore the changing circumstances against which these contentious new legal issues now unfold. The experts strike no consensus. Indeed, one of the work's many strengths can be attributed to the fact that the many facets of the ongoing debate are represented herein.

The United States faces the realistic and indefinite threat of terrorist attack with nuclear weapons. Whether the United States is successful in preventing such an attack will depend on whether we effectively wield the instruments of security. It will also depend on whether we effectively manage national security processes and apply the law in a manner that both enhances security and upholds our core values. As a result, lawyers, not just presidents, generals, and spies, will decide the outcome of this conflict. This book, first published in 2007, is essential for anyone wanting an understanding of national security law and process. The book includes chapters on constitutional law, the use of force, and homeland security, presented in the context of today's threats and as applied to issues like rendition and electronic surveillance.

'Includes review and analysis of: Homeland Security Act,'Patriot Act II,'Intelligence Reform and Terrorism Prevention Act, Supreme Court decisions,'National Strategy'documents, 9-11 Commission recommendations, and various ongoing developments nationally and internationally in the'war on terrorism.'

Examining the legal foundations of the war on terror, this book investigates the loss of the civil liberties of American citizens and legal immigrants. In a detailed look at bills such as the 1996 Antiterrorism and Effective Death Penalty Act, the USA Patriot Act, and the Homeland Security Act, and executive orders, it provides a comprehensive picture of the war on terror and explores the claimed victories by the Bush administration. Chronicling the major battles with Muslim charities, immigrants, lawyers, and'enemy combatants,'this exposé reveals how the values and freedoms of all Americans are at risk or have already been destroyed. Also surveyed is the growing grassroots dissent by groups such as the ACLU and the resistance movement against the policies and major figures of the Bush administration.

The USA Patriot Act: A Reference Handbook is an in-depth examination of the difficult wartime task of balancing civil liberties against national security.Within weeks of the September 11 terrorist attacks, overwhelming majorities in both houses of Congress passed the USA Patriot Act. The act immediately aroused bitter controversy. Some claim it impermissibly infringes on constitutional rights; others argue it is a necessary tool to ensure the security of the American homeland.Distinguished scholar and prolific author Howard Ball provides the background necessary for a reasoned, historical examination of both positions. He details the threats to America in the last 60 years, emphasizing terrorist acts; examines the temporary surrender of civil rights during past American wars; and uses that history to analyze the USA Patriot Act, both as it exists and as arguments rage over whether to strengthen or weaken the law.

A pertinent analysis of the'USA Patriot Act,'based on meticulous legal research and straight talk, points to America's ominous evolution into a national security state.'In this very important study, C.W. Michaels gives us a unique guide and commentary, based on meticulous research, to the ominous growth of the national security state.'His analysis of the'USA PATRIOT Act'is immensely useful and a wake-up call for all Americans concerned with defending our civil liberties.'Howard Zinn Author, A People's History of the United States'Congress had no time to read the USA PATRIOT Act before overwhelmingly passing it with great haste. A number of us (on the Left and Right) at the time stood up and pleaded the case for careful action, to little avail. Now, we all across the country must read and understand this statute - aided in significant part through Mr. Michaels'book - and learn the detail of other administrative actions after 9/11. Then we will be well-equipped to organize nationally and demand fixes to laws and practices that would be both constitutional and workable, rather than what we are seeing today.'--Kit Gage, Director, First Amendment Foundation, Coordinator, National Coalition to Protect Political Freedom. An attorney and former law school academic explains why the USA PATRIOT Act ranks as one of the most significant pieces of legislation in many years, and examines the prospect that America (with the Congress and the Executive Branch in the lead) may be transforming itself into a national security culture. The book identifies and examines 12 common characteristics of a national security state, and discusses how those characteristics are being fulfilled today (in some instances, in an accelerated manner), and provides a meticulous description of each of the ten parts of the PATRIOT Act (so often discussed, so seldom explained). The Act grants broad powers to Federal investigators in surveillance, intelligence, prosecution, and inter-agency information sharing; and most of its provisions are permanent. C. William Michaels, Esq., is an attorney and writer living in the Baltimore area. Mr. Michaels has been involved in social issues and organizations for more than 30 years; he held a full-time position as Justice and Peace Coordinator with the Catholic Archdiocese of Baltimore (1982 to 1986). He has worked as a journalist and newspaper editor, and wrote, hosted, and organized a weekly half-hour radio program, New Earth Radio (1989 to 1991) and a weekly cable-access television program, WorldViews (1994 to 1996). He taught law at the University of Baltimore. A graduate of the University of Maryland School of Law, Mr. Michaels conducts an appellate law practice