Careful Thinking About Counterterrorism Policy

Reviewing Terrorism, Freedom, and Security: Winning Without War, by Philip B. Heymann

On the afternoon of September 11, 2001, shortly after Air Force One touched down at Offutt Air Force Base, President Bush began a teleconference with senior national security officials by proclaiming, “We’re at war.” The war, the President elaborated, would be “global in nature.” During a meeting of the National Security Council the next day, the principals labored to flesh out the parameters of the conflict. In particular, they discussed a proposal to frame America’s objective not merely as the destruction of al Qaeda but as the “‘elimination of terrorism as a threat to our way of life,’ an aim that would include pursuing other international terrorist organizations in the Middle East.”

By Robert M. Chesney

Robert M. Chesney is Charles I. Francis Professor in Law at UT-Austin School of Law. Chesney is a national security law specialist, with a particular interest in problems associated with terrorism. Professor Chesney recently served in the Justice Department in connection with the Detainee Policy Task Force created by Executive Order 13493. He is a member of the Advisory Committee of the American Bar Association's Standing Committee on Law and National Security, a senior editor for the Journal of National Security Law & Policy, an associate member of the Intelligence Science Board, a non-resident senior fellow of the Brookings Institution, a term member of the Council on Foreign Relations, and a member of the American Law Institute. Professor Chesney has published extensively on topics ranging from detention and prosecution in the counterterrorism context to the states secrets privilege. He served previously as chair of the Section on National Security Law of the Association of American Law Schools and as editor of the National Security Law Report (published by the American Bar Association's Standing Committee on Law and National Security). His upcoming projects include two books under contract with Oxford University Press, one concerning the evolution of detention law and policy and the other examining the judicial role in national security affairs.

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