2012/2013 Sept/Oct LD Topic: Terrorism Due Process
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About the Product
Author(s) and/or Contributor(s): Jane Kessner, Geoffrey Kristof, Dave McGinnis, Fritz Pielstick, Liz Scoggin, Adam Torson, Peter van Elswyk
Description: Topic analysis and evidence for the September/October 2012 LD topic. Subjects covered include indefinite detention, military tribunals, military paradigm versus criminal justice paradigm, military commissions versus federal courts, and much more.
File Index
TABLE OF CONTENTS……………………………………………………………………………………….. 2
Topic Analysis by Jane Kessner……………………………………………………………….. 9
Topic Analysis by Geoffrey Kristof……………………………………………………… 28
Topic Analysis by Dave McGinnis…………………………………………………………….. 36
Topic Analysis by Fritz Pielstick…………………………………………………………….. 48
Topic Analysis by Liz Scoggin………………………………………………………………….. 55
Topic Analysis by Adam Torson………………………………………………………………. 65
FRAMEWORK EVIDENCE…………………………………………………………………………………. 77
4TH AMENDMENT……………………………………………………………………………………………………………………………………… 77
5TH AMENDMENT……………………………………………………………………………………………………………………………………… 78
6TH AMENDMENT……………………………………………………………………………………………………………………………………… 79
14TH AMENDMENT……………………………………………………………………………………………………………………………………. 80
TERRORISM DEFINED…………………………………………………………………………………………………………………………….. 81
COUNTERTERRORISM DEFINED…………………………………………………………………………………………………………… 82
POST-9/11 SECURITY CONCERNS CHALLENGE THE FUNDAMENTAL NORMS OF LIBERAL DEMOCRACY 83
UNDER THE “HYBRID PARADIGM” ENEMY COMBATANTS ARE DUE CERTAIN DUE PROCESS RIGHTS 84
DUE PROCESS IN DETENTION PRACTICES DEFINED…………………………………………………………………………. 85
THE UNITED STATES HAS FAILED TO DEFINE THE DUE PROCESS RIGHTS OF SUSPECTED TERRORISTS 86
EXTENSION OF DUE PROCESS RIGHTS TO TERRORISM INVESTIGATIONS DEPENDS ON WHETHER WE APPLY A CRIMINAL JUSTICE PARADIGM OR THE LAWS OF WAR………………………………………………………………………………………… 87
THE SUPREME COURT HAS RULED THAT THE FOURTH AMENDMENT DOES NOT EXTEND TO NON-CITIZENS EXTRATERRITORIALLY, BUT THE FIFTH AND SIXTH AMENDMENTS APPLY ONCE A TRIAL BEGINS 88
PRISONER OF WAR STATUS TRADITIONALLY ENTAILS NON-PUNITIVE DETENTION………………………. 89
PRISONERS OF WAR ARE DUE CERTAIN RIGHTS AND PROTECTIONS UNDER INTERNATIONAL LAW…………… 90
“TERRORISM” IS DIFFICULT TO DEFINE NON-POLEMICALLY……………………………………………………………… 91
THE MAJORITY OF TERRORIST ATTACKS HAVE BEEN SPONTANEOUS ONE-ON-ONE ATTACKS….. 92
TERRORISTS ARE NOT CAPABLE OF CARRYING OUT EFFECTIVE ATTACKS…………………………………… 93
AL QAEDA KILLS AS MANY PEOPLE PER YEAR WORLDWIDE AS US CITIZENS DROWN IN BATH TUBS EACH YEAR 94
THERE PROBABLY AREN’T TERRORIST ATTACKS BEING THWARTED THAT WE DON’T KNOW ABOUT; IF THERE WERE, THEN WE WOULD HAVE HEARD ABOUT IT…………………………………………………………………………………………………………….. 95
THERE IS NO WAY AL QAEDA WILL EVER ACQUIRE A NUCLEAR WEAPON……………………………………… 96
THE LIKELIHOOD OF A US CITIZEN DYING IN A TERRORIST ATTACK IS 1 IN 35 MILLION………………… 97
OUR FEARS OF TERRORISTS ARE LEADING TO OUT OF CONTROL SPENDING………………………………. 98
AFFIRMATIVE EVIDENCE…………………………………………………………………………………. 99
Problems in the Status Quo………………………………………………………………………………….. 99
DESPITE PROMISES OF REFORM, THE OBAMA ADMINISTRATION IS MAINTAINING MANY POST-9/11 DETENTION POLICIES 99
OTHER THAN THE WRIT OF HABEAS CORPUS, RECENT DECISIONS HAVE DENIED THAT DUE PROCESS EXTENDS TO NON-CITIZENS OUTSIDE THE UNITED STATES……………………………………………………………………………………………. 100
THE OBAMA ADMINISTRATION HAS MADE LITTLE PROGRESS IN REVERSING BUSH-ERA PROGRAMS THAT COMPROMISE DUE PROCESS FOR SUSPECTED TERRORISTS………………………………………………………………………………………… 102
THE OBAMA ADMINISTRATION HAS ESSENTIALLY CONTINUED THE BUSH ERA ASSAULT ON CONSTITUTIONAL DUE PROCESS, WHICH UNDERMINES AMERICAN VALUES………………………………………………………………………………………… 103
Checks and Balances………………………………………………………………………………………….. 104
UNNUANCED DISCOURSE SURROUNDING THE WAR ON TERRORISM CAUSES CONFLICT BETWEEN COURTS AND OTHER BRANCHES OF GOVERNMENT…………………………………………………………………………………………………………….. 104
THE DENIAL OF DUE PROCESS RIGHTS TO NON-CITIZENS ACCUSED OF TERRORISM REPRESENTS A DANGEROUS DEGREE OF JUDICIAL DEFERENCE TO THE EXECUTIVE……………………………………………………………………………………….. 105
THE JUDICIARY DOES NOT OWE ABSOLUTE DEFERENCE TO CONGRESS IN MATTERS OF IMMIGRATION POLICY 106
THE UNITARY EXECUTIVE THEORY IS INCONSISTENT WITH DUE PROCESS………………………………… 107
DUE PROCESS CHECKS ARBITRARY EXCERCISES OF STATE POWER; IT FORCES THE STATE TO GIVE JUSTIFICATION FOR ITS ACTIONS…………………………………………………………………………………………………………………………………………………. 108
WITH EACH DUE PROCESS PROTECTION NOT EXTENDED, THE LESS THE POWER OF THE GOVERNMENT IS RESTRICTED 109
TERRORIST TRIALS SHOULD BE PUBLIC IN ORDER TO PROVIDE A CHECK ON GOVERNMENT POWER 110
PUBLIC ACCESS TO TRIALS IS GUARANTEED BY THE FIRST AMENDMENT…………………………………… 111
NOT EXTENDING DUE PROCESS PROTECTIONS GIVES THE GOVERNMENT NEARLY UNLIMITED POWER OVER NON-CITIZEN TERRORIST SUSPECTS………………………………………………………………………………………………………………………… 112
THE DUE PROCESS CLAUSE APPLIES TO NON-CITIZENS ACCUSED OF TERRORISM…………………. 113
EXTENDING DUE PROCESS IS NECESSARY TO CHECK BACK THE EXECUTIVE BRANCH AND ENSURE A SEPARATION FO POWERS…………………………………………………………………………………………………………………………………………………. 114
War Paradigm versus Criminal Justice Paradigm……………………………………………………. 115
CHARACTERIZING A SUSPECT AS AN ENEMY COMBATANT RATHER THAN A CRIMINAL IS USED TO JUSTIFY DIMINISHED DUE PROCESS……………………………………………………………………………………………………………………………………………….. 115
CURRENT TERRORIST DETENTION POLICIES ARE JUSTIFIED BY INVOKING A PERMANENT STATE OF EMERGENCY 116
TREATING TERRORISM AS A MATTER OF SECURITY POLICY RATHER THAN CRIMINAL JUSTICE JUSTIFIES TERRIBLE SUFFERING…………………………………………………………………………………………………………………………………………………………………. 117
A MILITARY RATHER THAN LEGAL APPROACH TO TERRORISM UNDERMINES SECURITY IN THE LONG RUN 118
APPLICATION OF DETENTION PROCEDURES UNDER THE LAWS OF WAR IS PROBLEMATIC FOR THE WAR ON TERRORISM BECAUSE THE SCOPE OF THE BATTLEFIELD IS UNDEFINED………………………………………………………….. 119
DETENTION OF TERRORISM SUSPECTS IN THE WAR ON TERROR HAS A DECIDEDLY PUNIITVE CHARACTER 120
Procedural Fairness………………………………………………………………………………………….. 121
SHIFTING DUE PROCESS STANDARDS FOR THOSE ACCUSED OF TERRORISM MAGNIFY THE UNFAIRNESS IN THE PROSECUTION OF NON-CITIZENS……………………………………………………………………………………………………….. 121
THE KIYEMBA COURT UNDERMINED THE RIGHT OF ALIENS TO HABEAS CORPUS BY DENYING THEM AN APPROPRIATE REMEDY…………………………………………………………………………………………………………………………………………………………………. 122
THE KIYEMBA COURT WRONGLY RELIED ON IMMIGRATION LAW TO REFUSE A REMEDY FOR NON-CITIZENS’ HABEAS PETITIONS…………………………………………………………………………………………………………………………………………………………………. 123
THE ABSENCE OF A WORKABLE LEGAL FRAMEWORK FOR DETAINING SUSPECTED TERRORISTS UNDER THE LAWS OF WAR INCREASES THE LIKELIHOOD OF WRONGFUL DETENTION……………………………………………………………… 124
THE ABSENCE OF CLEARLY DEFINED TEMPORAL BOUNDARIES FOR THE WAR AGAINST TERRORISM MAKE LAW OF WAR DETENTIONS DIFFICULT TO MANAGE WITHIN THE EXISTING LEGAL FRAMEWORK……………………… 125
THOUSANDS HAVE BEEN DETAINED ON A VARIETY OF CHARGES BECAUSE OF THE MERE POSSIBILITY THAT THEY ARE TERRORISTS………………………………………………………………………………………………………………………………………….. 126
Human Rights…………………………………………………………………………………………………….. 127
THE UNITED STATES HAS PERPETRATED EXTREME HUMAN RIGHTS ABUSES IN THE NAME OF THE WAR ON TERROR 127
PRISONERS IN GUANTANAMO BAY SUFFER SIGNIFICANT HUMAN RIGHTS ABUSES…………………… 128
THE STATUS QUO GIVES THE GOVERNMENT TOTAL AND EXCLUSIVE CONTROL OVER THE BODIES OF “TERRORIST” SUSPECTS…………………………………………………………………………………………………………………………………………………………………. 129
NON-CITIZENS ARE OTHERIZED TO JUSTIFY DISCRIMINATORY SECURITY MEASURES……………… 130
Indefinite Detention…………………………………………………………………………………………… 131
US DETENTION POLICIES HAVE WORLDWIDE SCOPE AND THREATEN INDEFINITE DETAINMENT 131
THOUSANDS OF PEOPLE ARE PRESENTLY HELD IN A STATE OF INDEFINITE DETENTION BY THE UNITED STATES 132
FAILURE TO MEANINGFULLY DEFINE WHAT CONSTITUTES A THREAT TO NATIONAL SECURITY INEVITABLY LEADS TO INDEFINITE DETENTION OF INNOCENT PEOPLE……………………………………………………………………………….. 133
Military Tribunals……………………………………………………………………………………………… 134
THE OBAMA ADMINISTRATION HAS CONTINUED THE PRACTICE OF TRYING NON-CITIZENS BEFORE MILITARY COMMISSIONS AS A GENERAL RULE AND FAILED TO ARTICULATE CRITERIA FOR EXCEPTIONS TO THIS POLICY…. 134
THE OBAMA ADMINISTRATION’S WILLINGNESS TO USE MILITARY TRIBUNALS MAKES CLOSING GUANTANAMO AN EMPTY GESTURE……………………………………………………………………………………………………………………………………………….. 135
THE DECISION TO USE MILLITARY TRIBUNALS TO TRY SUSPECTED TERRORISTS IGNORES MODERN UNDERSTANDINGS OF DUE PROCESS………………………………………………………………………………………………………………………………………. 136
MILITARY COMMISSIONS HAVE EXTREMELY WEAK PROTECTIONS AGAINST SELF-INCRIMINATION AND COERCED CONFESSIONS……………………………………………………………………………………………………………………………………….. 137
MODERN FEDERAL RULES ALLOW FEDERAL COURTS TO HAVE ALMOST IDENTICAL PROCEDURES AS MILITARY COMMISSIONS FOR PROTECTING CLASSIFIED EVIDENCE………………………………………………………………………………………… 138
MILITARY COMMISSIONS OFFER NOTHING EVEN CLOSE TO DUE PROCESS PROTECTIONS……… 139
THE STATUS QUO’S LOOPHOLES ALLOWED A DETAINEE TO BE TORTURED AND THEN HAVE THEIR COERCED TESTIMONY BE USED AGAINST THEM IN A MILITARY COMMISSION…………………………………………………………………………… 140
MILITARY COMMISSIONS UNDERMINE THE RULE OF LAW………………………………………………………………. 141
MILITARY COMMISSIONS UNDERMINE THE SEPARATION OF POWERS…………………………………………. 142
MILITARY COMMISSIONS SIGNAL THE US’S LACK OF COMMITMENT TO MORAL VALUES……………. 143
MILITARY COMMISSIONS UNDERMINE THE US’S MORAL LEADERSHIP…………………………………………. 144
MILITARY COMMISSIONS UNDERMINE THE WAR ON TERROR………………………………………………………… 145
DOMESTIC COURTS ARE AS IF NOT MORE EFFECTIVE THAN MILITARY COMMISSIONS………………. 146
MILITARY COMMISSIONS ARE A FORM OF DISCRIMINATION……………………………………………………………. 147
MILITARY COMMISSIONS LEAD TO A CRISIS OF LEGITIMACY………………………………………………………….. 148
MILTARY COMMISSIONS ARE RIPE FOR APPEAL; THIS WILL LEAD TO COURT CLOG…………………… 149
MILTARY COMMISSIONS ARE RIPE FOR APPEAL; GITMO PROVES THAT THIS WILL LEAD TO COURT CLOG 150
DOMESTIC CRIMINAL COURTS ARE MORE LIKELY TO GET A CONVICTION THAN MILITARY COMMISSIONS, THERE ARE MULTIPLE REASONS……………………………………………………………………………………………………………………………………………….. 151
DOMESTIC CRIMINAL COURTS HAVE INCENTIVES FOR COOPERATION THAT MILITARY COMMISSIONS LACK 152
MILITARY COMMISSIONS ARE INCAPABLE OF INCENTIVIZING COOPERATION……………………………… 153
International Courts…………………………………………………………………………………………. 154
THERE IS NO INTERNATIONAL LEGAL BASIS FOR PROSECUTING TERRORISTS; THE COURTS MUST BE NATIONAL COURTS 154
ONLY DOMESTIC ARTICLE III COURTS CAN PROVIDE JUSTICE; INTERNATIONAL TRIBUNALS WILL BE UNSUCCESSFUL 155
Enemy Combatant Designations……………………………………………………………………………. 156
DUE PROCESS PROTECTIONS ARE STRIPPED AWAY IN THE STATUS QUO BECAUSE OF THE “ENEMY COMBATANT” DESIGNATION………………………………………………………………………………………………………………………………………… 156
CITIZENS AND NON-CITIZENS ARE SPORADICALLY AND ARBITRARILY GIVEN DIFFERENT SETS OF DUE PROCESS PROTECTIONS BASED ON THE “ENEMY COMBATANT” DESIGNATION……………………………………………. 157
THE “ENEMY COMBATANT” LABEL IS USED ONLY WHEN THERE ISN’T ENOUGH EVIDENCE TO ACTUALLY ACHIEVE A CONVICTION IN A FEDERAL COURT……………………………………………………………………………………………………. 158
THE GOVERNMENT USES THE “ENEMY COMBATANT” DESIGNATION TO COERCE THE COURT ROOM PROCESS 159
THERE IS NO ACCOUNTABILITY FOR WHETHER A SUSPECT IS LABELED AN “ENEMY COMBATANT”, THE CRITERIA FOR BEING AN “ENEMY COMBATANT” ARE CLASSIFIED…………………………………………………………………………………………….. 160
NEGATIVE EVIDENCE…………………………………………………………………………………….. 161
Constitutional Arguments…………………………………………………………………………………. 161
THE DUE PROCESS CLAUSE OF THE 5th AMENDMENT DOES NOT APPLY TO NON-CITIZENS OUTSIDE OF THE UNITED STATES…………………………………………………………………………………………………………………………………………………………………. 161
CONGRESS HAS RECOGNIZED THAT THE PRESIDENT HAS THE AUTHORITY TO DETAIN SUSPECTED TERRORISTS IN ORDER TO PROTECT U.S. NATIONAL SECURITY INTERESTS……………………………………………………………………………… 162
PREVENTATIVE DETAINMENT IS CONSTITUTIONAL………………………………………………………………………….. 163
Military Commissions versus Federal Courts………………………………………………………… 164
THE DUE PROCESS PROTECTIONS OFFERED BY MILITARY COMMISSIONS HAS IMPROVED UNDER THE OBAMA ADMINISTRATION, THOUGH THE TRIBUNALS STILL HAVE SIGNIFICANT SHORTCOMINGS………….. 164
MILITARY COMMISSIONS HAVE SIGNIFICANT PROCEDURAL SAFEGUARDS…………………………………. 165
MILITARY COMMISSIONS ARE BETTER AT PROTECTING SENSITIVE INFORMATION, PROTECTING COURT EMPLOYEES, AND HAVE MORE FLEXIBLE RULES OF EVIDENCE THAN ARTICLE III COURTS………………………………………………… 166
MILITARY COMMISSIONS ARE AN EXTENSION OF THE U.S. MILITARY CAMPAIGN AGAINST TERRORIST GROUPS 167
MILITARY COMMISSIONS MAY IMPOSE THE DEATH PENALTY, A PUNISHMENT FAVORED BY MOST AMERICANS 168
MILITARY COMMISSIONS MEET THE ICCPR REQUIREMENTS FOR A FAIR TRIAL………………………….. 169
INTERNATIONAL TRIBUNALS FAIL TO MAINTAIN US NATIONAL SECURITY AS WELL AS MILITARY COMMISSIONS 170
THE CONCERN THAT THE USE OF COMMISSIONS TO TRY NON-CITIZENS WILL MAKE IT HARDER TO PROTECT THE DUE PROCESS RIGHTS OF CITIZENS IS MISPLACED…………………………………………………………………………………. 171
TRYING ACCUSED TERRORISTS IN FEDERAL COURTS POSES UNIQUE PRACTICAL CHALLENGES 172
THE CIRCUMSTANCES OF DETAINEE TRANSFER POSE UNIQUE EVIDENTIARY CHALLENGES FOR FEDERAL COURTS 173
THE PROCEDURES FOR DEALING WITH CLASSIFIED EVIDENCE IN PRE-TRIAL DISCOVERY ARE INADEQUATE 174
IT IS DIFFICULTY TO PROSECUTE LONG-DETAINED PRISONERS BECAUSE THEIR SUPPOSED RIGHT TO A SPEEDY TRIAL 175
MILITARY COMMISSIONS ARE VERY SAFE COMPARED TO FEDERAL COURTS…………………………….. 176
MILITARY COMMISSIONS ARE MORE EFFICIENT THAN FEDERAL COURTS, HELPING TO GIVE THE ACCUSED A SPEEDY TRIAL………………………………………………………………………………………………………………………………………………………………….. 177
MILITARY COMMISSIONS EMPANEL COMMISSIONED OFFICERS AS JURORS, USUALLY WITH A HIGH SECURITY CLEARNANCE, AND EMPLOY A MEANINGFUL APPEALS PROCESS………………………………………………………………………….. 178
THE PRESIDENT HAS THE CONSTITUTIONAL AUTHORITY TO CREATE MILITARY COMMISSIONS UNDER ARTICLE II OF THE CONSTITUTION………………………………………………………………………………………………………………………………………. 179
MILITARY COMMISSIONS AFFORD DEFENDANTS RELAXED DUE PROCESS PROTECTIONS………. 180
THE RIGHT TO AN ATTORNEY BEFORE A MILITARY COMMISSION IS BASICALLY THE SAME AS THE SAME RIGHT IN FEDERAL COURT……………………………………………………………………………………………………………………………………………………. 181
MILITARY COMMISSIONS ADOPT A FLEXIBLE RULE AS TO WHETHER HEARSAY IS ADMISSIBLE.. 182
THE SPEEDY TRIAL REQUIREMENT COULD COMPROMISE PROSECUTIONS OF TERRORISTS IN FEDERAL COURTS 183
THE STATUS QUO CRIMINAL PROCESS IS FLEXIBLE AND EFFICIENT…………………………………………….. 184
THE CRIMINAL JUSTICE SYSTEM IS NOT EQUIPPED TO TRY TERRORISTS IN SUCH A WAY THAT IT FIGHTS THE WAR ON TERROR…………………………………………………………………………………………………………………………………………………………………. 185
MILITARY COMMISSIONS ARE PREFERABLE FOR FOUR REASONS……………………………………………….. 186
MILITARY COMMISSIONS ARE FLEXIBLE, WHICH IS KEY TO ENSURING CRIMINAL JUSTICE……….. 187
MILITARY COMMISSIONS PROVIDE A FAIR TRIAL………………………………………………………………………………. 188
MILITARY COMMISSIONS DO NOT UNDERMINE THE WAR ON TERROR, PUBLIC TRIALS UNDERMINE THE WAR ON TRIAL 189
MILITARY COMMISSIONS DO NOT UNDERMINE THE RULE OF LAW………………………………………………… 190
MILITARY COMMISSIONS ARE NOT “KANGAROO COURTS” THAT HARM OUR CREDIBILITY………… 191
MILITARY COMISSIONS ARE PRIVATE, WHICH IS KEY TO PROTECTING CLASSIFIED INFORMATION 192
PUBLIC TRIALS WOULD NOT LEAD TO FAIR TRIALS FOR TERRORIST SUSPECTS………………………… 193
CONSTITUTIONAL TRIALS WOULD REVEAL IMPORTANT CLASSIFIED INFORMATION…………………… 194
TRIALS WITH JURIES WILL INEVITABLY BE BIASED…………………………………………………………………………… 195
CRIMINAL COURTS ARE ILL-EQUIPPED TO PROSECUTE TERRORISTS BECAUSE THEY DON’T ALLOW RELIABLE INDICATORS OF GUILT LIKE CORRBORATED HEARSAY……………………………………………………………………………………………….. 196
CRIMINAL TRIALS WILL COMPROMISE CLASSIFIED INFORMATION………………………………………………… 197
PUBLIC TRIALS IN ARTICLE III COURTS POSES A THREAT TO JURORS………………………………………….. 198
HYBRID COURTS WILL LEAD TO BACKLASH……………………………………………………………………………………… 199
MILITARY COURTS ARE MORE EXPERIENCED THAN ARTICLE II COURTS AT TRYING WAR CRIMES 200
CRIMINAL COURTS COULD BECOME TERRORIST TARGETS…………………………………………………………… 201
CRIMINAL COURTS MEAN CIVILIAN PRISONS, WHICH ENABLES EXTREMIST PROSELYTIZING….. 202
EVEN THE SLIGHTEST DISCLOSURE OF SECRET EVIDENCE COULD EXPOSE INFORMANTS…….. 203
IT IS INEVITABLE THAT CLASSIFIED INFORMATION WILL LEAK BECAUSE OF LOOPHOLES IN CIP. 204
International Courts…………………………………………………………………………………………. 205
PROSECUTION OF TERRORISM THROUGH AN INTERNATIONAL CRIMINAL TRIBUNAL HELPS TO AVOID THE USE OF FORCE THAT PRODUCES SIGNIFICANT HUMAN RIGHTS ABUSES AND VIOLATIONS OF INTERNATIONAL LAW.. 206
INTERNATIONAL TRIBUNALS PROTECT DUE PROCESS AND HUMAN RIGHTS BETTER THAN MILITARY COMMISSIONS 207
USE OF INTERNATIONAL TRIBUNALS TO PROSECUTE TERRORISM IS ESSENTIAL TO PROTECTING HUMAN RIGHTS 208
TERRORISM IS CONCEPTUALLY SIMILAR TO OTHER CRIMES AGAINST HUMANITY BECAUSE THERE IS A SENSE OF SHARED VICTIMHOOD AMONG THE TARGETED POPULATION………………………………………………………………………… 209
INTERNATIONAL COURTS ENSURE ACCESS TO REDRESS FOR VICTIMS OF TERRORISM…………. 210
THE ICTY SHOULD BE EXPANDED TO TRY CRIMES OF TERROR…………………………………………………….. 211
Counter-Terrorism……………………………………………………………………………………………. 212
THE BOUMEDIENE DECISION UNDERMINES BATTLEFIELD EFFECTIVENESS BY REQUIRING THE GATHERING OF EVIDENCE AND CREATES THE PERVERSE INCENTIVE TO KILL RATHER THAN CAPTURE……………………………………… 212
AL-QAEDA IS MARKEDLY DIFFERENT FROM OTHER TERRORIST ORGANIZATIONS……………………… 213
AL-QAEDA SHOULD NOT BE THOUGHT OF AS “CRIMINALS” WHO BREAK THE LAW BUT AS THREATS TO SOVEREIGNTY 214
INDEFINITELY DETAINING TERRORIST IS JUSTIFIED BECAUSE, IF RELEASED, THE TERRORISTS WILL NOT BE DETERRED FROM COMMITTING TERRORIST ACTS…………………………………………………………………………………………………………… 215
NOT INDEFINITELY DETAINING TERRORIST SUSPECTS HAS ALLOWED THEM TO GO FREE AND RETURN TO TERRORIST ORGANIZATIONS……………………………………………………………………………………………………………………………………. 216
NON-CITIZENS SHOULD BE GIVEN DUE PROCESS PROTECTIONS EXCEPT WHEN THEY POSE THE RISK OF CATASTROPHIC HARM; THEN THEY SHOULD BE INDEFINITELY DETAINED………………………………………………………………. 217
Detainee Status…………………………………………………………………………………………………. 218
THE THIRD GENEVA CONVENTION DOES NOT APPLY TO DETAINEES ACCUSED OF MEMBERSHIP IN AL QAEDA 218
MEMBERS OF AL QAEDA ARE NOT PRISONERS OF WAR UNDER THE GENEVA CONVENTION…… 219
TO PROTECT INDIVIDUAL LIBERTY WHILE INDEFINITELY DETAINING, THE USFG COULD MAKE AVAILABLE INDEPENDENT INVESTIGATIVE TEAMS…………………………………………………………………………………………………………………………. 220
Social Contract………………………………………………………………………………………………… 221
EXTENDING THE SAME DUE PROCESS PROTECTIONS TO NON-CITIZEN TERRORIST SUSPECTS CHEAPENS THE RIGHTS OF CITIZENS…………………………………………………………………………………………………………………………………………………. 221
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If you do not want to order online, and would prefer to send in your order using email, fax, mail or phone, download and print the ORDER FORM.
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