Ever since 9/11, I’ve had the feeling that the U.S.’s domestic counter-terrorism efforts, including the Patriot Act, various airport security measures, and the like, have not been especially serious. They are a combination of giving law enforcement a wish list much of which is only tangentially related to terrorism (the Patriot Act), half-measures that give […]
Archive | Counter-Terrorism Policy
Enhanced Security or Just Increased Annoyance?
The NYT reports on new security measures adopted in the wake of the attempted Christmas Day terrorist attack on a Northwest flight. The government was vague about the steps it was taking, saying that it wanted the security experience to be “unpredictable” and that passengers would not find the same measures at every airport — […]
The Guantanamo to Illinois Move, at the NYT Room for Debate Blog
By Kenneth Anderson on December 16, 2009 8:54 am in Counter-Terrorism Policy, International Human Rights Law, War on Terror
The NYT Room for Debate blog has a short set of posts from a nicely balanced group on the question of moving detainees from Guantanamo to Illinois. The Obama administration announced on Tuesday its decision to transfer terrorism suspects held at Guantánamo Bay to an empty state prison in Illinois. The move would help fulfill President […]
Keeping the Nation Safe, or Making Citizens Vulnerable? The Dangers of Vagueness in Anti-terrorism Laws
By Harvey Silverglate on December 15, 2009 8:32 am in Counter-Terrorism Policy, Criminal Law, Cyberspace Law, Freedom of Speech, Uncategorized
Second installment of a five-part series on Silverglate’s book, Three Felonies a Day: How the Feds Target the Innocent. Sami Omar al-Hussayen was a doctoral candidate at the University of Idaho when he was arrested in February 2003. Federal prosecutors alleged that al-Hussayen, a Saudi citizen studying computer science in the United States, provided “material […]
Targeted Killing, Safe Havens, and the President’s West Point Speech
By Kenneth Anderson on December 8, 2009 11:15 am in Afghanistan, Bush, Counter-Terrorism Policy, International Law, Targeted Killing, Terrorism, War and Armed Conflict, War on Terror
Several times in his West Point speech on Afghanistan and Pakistan, President Obama declared that the US would not permit Al Qaeda or “violent extremists” the use of safe havens. He specifically noted Pakistan, Yemen, and Somalia. The President unsurprisingly never overtly mentioned Predator or drone missile strikes, or the CIA as the operational agents […]
Left/Right bloggers not confident in Obama Afghanistan plan
By David Kopel on December 4, 2009 5:47 pm in Afghanistan, Congress, Counter-Terrorism Policy, Economy
This week’s National Journal poll of political bloggers asked “How much confidence do you have in President Obama’s Afghanistan strategy?” On both the Left and the Right, no-one chose “A great deal of confidence.” The figures for “some confidence”/”not much confidence”/”no confidence” were 29%/50%/21% on the Left; and 43%/43%/14% on the Right. I was among […]
Yoo v. Goldsmith on the KSM Trial
Last week, former OLC deputy John Yoo argued in the WSJ that the decision to try Khalid Sheikh Mohammed in New York was a major mistake. Trying KSM in civilian court will be an intelligence bonanza for al Qaeda and the hostile nations that will view the U.S. intelligence methods and sources that such a […]
Reading While Traveling, Hard Copy and No Internet
By Kenneth Anderson on November 14, 2009 4:29 pm in Academia, Counter-Terrorism Policy, Economy, Finance, Financial Crisis, Freedom of Speech, International Human Rights Law, International Law, Legal Professor, Legal Scholarship, Robotics, Targeted Killing, Terrorism
I’ve been traveling recently, and so have been away from posting. One of the enforced virtues of traveling – one of the few virtues of traveling for me these days – is the plane flight with no internet. And if the big guy in front of me reclines his seat, as he always does, I […]
Shouldn’t A TSA Nominee Respect Privacy?
The Obama Administration’s nominee to head the Transportation Security Administration, Erroll Southers, was censured by the FBI for asking law enforcement personnel to conduct a background check on his ex-wife’s boyfriend. The incident occurred some time ago (1988), and Southers has acknowledged his misconduct and claims he has not done anything similar since. According to […]
U.S. Citizen Sues Over Alleged Rendition
The Washington Post reports on a lawsuit filed by Amir Meshal, who alleges he was subject to extraordianry rendition even though he is a U.S. citizen. From the Post story. Meshal, a Muslim born to Egyptian parents, traveled to Somalia in 2006 “to enrich his study of Islam,” according to the lawsuit. Mogadishu, the Somali […]
John Yoo’s Appeal
Former OLC attorney John Yoo is appealing a federal district court decision that he may be sued civilly by former detaine Jose Padilla. How Appealing has posted Yoo’s appellate brief here. More details here and here. UPDATE: How Appealing has links to news coverage of Yoo’s appeal.
The Second Circuit Dismisses Arar Rendition Case, En Banc
By Kenneth Anderson on November 2, 2009 6:42 pm in Counter-Terrorism Policy, International Law, War on Terror
My Opinio Juris colleague Julian Ku comments on the dismissal of the Maher Arar rendition case by the Second Circuit in an en banc decision, 7-4. (Arar is the case of the Canadian who was detained by the US and subjected to extraordinary rendition to Syria.) Like Julian, and perhaps more strongly, I think the […]
Raiding Strategies with Predators
By Kenneth Anderson on October 18, 2009 1:43 pm in Counter-Terrorism Policy, International Law, Israel
Patrick Cronin over at Facebook points to a new review essay from Edward Luttwak in the latest Times Literary Supplement, but unfortunately not up online. (I subscribe but apparently Patrick gets this stuff a lot faster than I do.) However, Patrick posted a couple of paragraphs. Luttwak reviews David Kilcullen’s widely noticed book among several […]
Incentives for Targeted Killing
I’ve posted before about targeted killing, and written about it for publication, as well. I’ll be on NPR’s All Things Considered today, in a story by correspondent Ari Shapiro, talking about targeted killings in relation to detention and interrogation. (Now that I’ve seen the story, I see with pleasure that it also quotes Matthew Waxman, […]
Deborah Pearlstein Responds to Ben Wittes on Detention
By Kenneth Anderson on October 3, 2009 9:17 am in Congress, Counter-Terrorism Policy, International Law, Supreme Court
Deborah Pearlstein has an important response to Ben Wittes’s Washington Post op-ed on the Obama administration and detention policy, cross posted at Opinio Juris and Balkinization. I continue to hold Ben’s views on this, but Deborah offers an incisive next move in the debate and it is important reading for those following this crucial topic.